· 12/28/1983
Fortune, Alsweet and Eldridge, Incorporated, Etc. v. Richard A. Daniel, Dba Richard A. Daniel Construction Company, Defendants
Citations
- 724 F.2d 1355
- 115 L.R.R.M. (BNA) 2411
- 1983 U.S. App. LEXIS 14126
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the plaintiff waived the right to challenge arbitrability by waiting until the 13 arbitrator had already begun its merits hearing and anticipating a negative result
- party attended first part of the hearing and raised arguments, but then halfway through the hearing objected to arbitrator’s authority
- “It would be unreasonable and unjust to allow Daniel to challenge the legitimacy of the arbitration process, in which he had voluntarily participated over a period of several months, shortly before the arbitrator announced her decision.”
- “It would be unreasonable and unjust to allow [the defendant] to challenge the legitimacy of the arbitration process, in which he had voluntarily participated over a period of several months . . . .”
- Plaintiff could not reject arbitration after Plaintiffs representative attended two hearings, heard all of the union’s evidence, presented some evidence, and requested two continuances, including one continuance to “secure witnesses to refute the evidence presented by the union”
- “A short limitation ... serves the policy of resolving labor disputes expeditiously.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Wallace, Norris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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