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· 6/11/1986

Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George Wilmot

Citations

  • 791 F.2d 1156
  • 1986 U.S. App. LEXIS 26017

How courts have described this case

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

  • holding that time and expense defending a motion for summary judgment, along with a 17-month delay, and substantial discovery disclosures constituted prejudice
  • finding that the time and expense associated with merely defending against a summary judgment motion was sufficiently prejudicial to waive arbitration
  • noting that a party’s motion for summary judgment, among various other acts, contributed to waiver
  • holding pre-trial discovery related to non-arbitrable subject matter does not constitute waiver
  • finding waiver where defendant filed motion to dismiss and for summary judgment, as plaintiff was prejudiced by the expense in having to defend motions
  • finding prejudice due to discovery as “discovery —whether meaningful or otherwise—is not available in arbitration”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gee, Rubin, Garza

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.