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· 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 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.