· 4/19/2010
Hill v. Ricoh Americas Corp.
Citations
- 603 F.3d 766
- 30 I.E.R. Cas. (BNA) 929
- 2010 U.S. App. LEXIS 7979
- 93 Empl. Prac. Dec. (CCH) 43,870
- 2010 WL 1530786
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an arbitration agreement that grants discretion to the arbitrator to award costs and fees did not prevent the plaintiff from pursuing Sarbanes-Oxley Act claims
- noting that the Supreme Court has made clear that “such an assumption is inappropriate”
- explaining why a defendant is not required by Federal Rule of Civil Procedure 8(c)(1) to demand a right to arbitrate in an answer
- finding no waiver where there was a four month delay, a scheduling order was entered, and plaintiff sent discovery requests
- discussing cases in which courts held that filing motions to dismiss and for summary judgment was inconsistent with enforcing the right to arbitrate
- discussing considerations a court must make when determining whether a contractual arbitration provision has been waived
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, Briscoe, Hartz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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