Ex Parte Merrill Lynch, Pierce, Fenner & Smith, Inc.

How courts have described this case

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

• concluding that there was no waiver when the defendant merely filed a motion to compel arbitration
• concluding that, even though the defendants waited over a year from the time the complaint was filed to move for arbitration, “[w]e cannot find that this delay caused plaintiff any prejudice”
• indicating that a party clearly has not waived the right to arbitrate if it has asserted that right in its initial answer on the merits
• indicating that a party clearly has not waived the right to arbitrate if it has asserted that right in its initial answer on the merits
• indicating that a party clearly has not waived the right to arbitrate if it has asserted that right in its initial answer on the merits
• indicating that a party clearly has not waived the right to arbitrate if it has asserted that right in its initial answer on the merits

Source: CourtListener parenthetical corpus (CC0).