City of Cottonwood v. James L. Fann Contracting, Inc.

How courts have described this case

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

• holding that waiver of arbitration “requires not only a failure to adhere to time constraints in the arbitration agreement but also prejudice to the other party”
• holding the trial court is in a better position to determine when a claim is intertwined with one for which fees are not awardable and the appellate court will affirm if there is a reasonable basis for the award
• affirming award under § 12-341.01 of fees \associated with the judicial proceedings to defeat the motion for stay [of arbitration]\
• trial court in best position to determine whether litigation on successful and unsuccessful claims so intertwined as to render fees for both compensable
• trial court in best position to determine whether litigation on successful and unsuccessful claims so intertwined as to render fees for both compensable
• “The [superior] court has discretion to determine . . . where a successful claim is intertwined with one for which fees are not awardable.”

Source: CourtListener parenthetical corpus (CC0).