Halim v. Great Gatsby's Auction Gallery, 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 the defendant did not waive the right to arbitrate merely by removing and moving to dismiss based on the arbitration agreement
• holding the “district court properly found that Gatsby did not waive its right to arbitrate” when the party had merely removed the case and sought to compel arbitration
• finding proper course of action when a party seeks to invoke an arbitration clause is to stay the proceedings rather than to dismiss outright
• affirming district court’s grant of a motion to confirm and denial of a motion to vacate an arbitration award
• finding defendants actions did not amount to implicit waiver when they removed the case to federal court and promptly sought to dismiss the case by invoking the arbitration clause
• affirming district court’s treatment of defendant’s motion to dismiss as a motion to stay because “by seeking dismissal … based on a binding arbitration clause, … [defendant] successfully invoked the arbitration clause.”

Source: CourtListener parenthetical corpus (CC0).