Gray Holdco, Inc. v. Cassady

How courts have described this case

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

• holding that a ten-month delay before moving to compel, while not dispositive, weighed in favor of waiver
• recognizing that prejudice in the context of waiver includes “substantive legal prejudice and prejudice a party suffers due to the unnecessary delay and expense of having to litigate a case that an arbitrator later decides”
• noting that a court must \focus[] on the amount and scope of discovery in which the parties engaged prior to the request for arbitration\ when considering whether a party waived its right to compel arbitration (emphasis added)
• describing the first factor as “the length of time between when a party initiates or first participates in litigation and when it seeks to enforce an arbitration clause” (emphasis added)
• finding that 10-month delay weighed toward waiver
• “[W]e cannot ignore the legal expenses Cassady incurred while Gray sat on its arbitration rights”

Source: CourtListener parenthetical corpus (CC0).