Fed. Sec. L. Rep. P 93,797 Norman E. Peterson v. Shearson/american Express, Inc.

How courts have described this case

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

• holding that appellant's delay in filing a motion to compel arbitration until four months after the Byrd decision and approximately five weeks prior to the rescheduled trial date \affected and probably misled\ appellee, who had already prepared for trial
• finding waiver when arbitration request five weeks prior to scheduled trial date
• “When a contract mandates arbitration, courts generally will enforce the arbitration clause absent a waiver.”
• open state of the law on the issue and discretionary nature of the doctrine indicated party should have raised issue at the outset
• “A party asserting a waiver of arbitration has a heavy burden of proof.”
• “Because Shearson almost certainly could not have obtained an order for arbitration of the Rule 10b-5 claim prior to McMahon, it did not waive its right to arbitrate the claim.”

Source: CourtListener parenthetical corpus (CC0).