· 2/5/2009
Delta Consulting Group, Inc. v. R. Randle Construction, Inc.
Citations
- 554 F.3d 1133
- 2009 U.S. App. LEXIS 2291
- 2009 WL 259678
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that 1 Defendants did not respond or object until one year later, which was an unreasonably long time
- stating that \waiver is the voluntary and intentional relinquishment of a known right\
- stating that “waiver is the voluntary and intentional relinquishment of a known right”
- finding implied waiver where defendant “continuously accepted [plaintiff’s] performance by paying for it and never once objecting to it”
- finding sufficient evidence of waiver where party continued to accept payments under agreement
- \We review a district court's decision to strike for an abuse of discretion and will not disturb a decision that is reasonable and not arbitrary.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.