· 2/9/1966
Estate of Lackey v. State Tax Commission
Citations
- 242 Or. 535
- 411 P.2d 78
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declaring that the district court's legal conclusion that the defendant waived its right to compel arbitration through the party’s participation in the litigation process is subject to de novo review
- declaring that the district court’s legal conclusion that the defendant waived its right to compel arbitration through the party’s participation in the litigation process is subject to de novo review
- finding it “unnecessary to discuss the prejudice prong of our two-part waiver test” after the Court’s determination that the defendant had not acted inconsistently with its right to arbitration
- determining the scope of an arbitration agreement based on “basic principles of contract interpretation”
- “[W]e look to see whether, by [invoking the litigation process], that party has in some way prejudiced the other party.”
- alleged waiver based, in part, on the appellant’s filing of a state-court lawsuit against a third party
Source: CourtListener parenthetical corpus (CC0).
Judges: Denecke, Goodwin, Holman, McAllister, Perry, Schwab, Sloan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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