David Johnson v. Keybank National Association

How courts have described this case

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

• holding that bank waived its argument that arbitrator should determine validity of arbitration agreement
• holding that an order compelling arbitration is “in effect a summary disposition of the issue of whether or not there has been a meeting of the minds on the agreement to arbitrate”
• stating that waiver occurs when “both: (1) the party seeking arbitration substantially participates in litigation to a point inconsistent with an intent to arbitrate; and (2) this participation results in prejudice to the opposing party.”
• noting that \[a]rbitration-friendly federal law recognizes 'delegation clauses' that direct an arbitrator to decide the validity of an arbitration agreement\ but finding that defendant waived its right to enforce that provision by waiting too long to invoke it
• addressing an argument that KeyBank waived a delegation clause by waiting too long to invoke it
• addressing an argument that KeyBank waived a delegation clause by waiting too long to invoke it

Source: CourtListener parenthetical corpus (CC0).