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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.