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· 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 CourtListener

Sourced 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.