Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendant waived its right to seek arbitration where it delayed several months while it “weigh[ed] its options”
• explaining that prejudice “should weigh heavily in the decision” when an allegedly defaulting party proceeds in a judicial forum but the circumstances may nonetheless counsel against a finding of waiver
• noting that the party arguing against waiver could offer no reason why it chose to file suit instead of arbitration except to “weigh its options”
• noting that the Seventh Circuit had departed from the waiver-test applied by the Second, Fifth, and Eleventh Circuits
• noting that the “shape of the case might so alter” such that “arbitration [be] allowed to proceed” of some claims
• observing that defendant “dropped a bombshell into the proceedings” by bringing up arbitration nine months after lawsuit was initiated

Source: CourtListener parenthetical corpus (CC0).