· 6/15/1970
General Guaranty Insurance Company v. New Orleans General Agency, Inc.
Citations
- 427 F.2d 924
- 1970 U.S. App. LEXIS 8701
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the requirement of a pre-suit demand for arbitration would, in certain circumstances, subject a party to claims that might not otherwise have been brought in either arbitration or court proceedings
- holding that defendant did not waive its right to invoke arbitration after filing an answer denying liability, filing counterclaims, attempting to implead parties, and participating in two depositions before demanding arbitration
- concluding there was no waiver despite filing answer denying liability, filing counterclaims, attempting to implead parties, and allowing depositions before demanding arbitration
- filing answer, counterclaim, and impleading a party did not constitute waiver where actions served to protect un-arbitrable claims
- finding no waiver although a party filed an answer to a court claim denying liability and filed counterclaims, as well as attempted to implead parties and allowed taking of two depositions before demanding arbitration
- noting a party “had to” file an answer or suffer default judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gewin, Godbold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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