Jack Ehleiter v. Grapetree Shores, 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 judicial conduct waiver is an issue for the court, then analyzing whether there was a delegation
• holding that a defendant had waived any right to arbitrate by actively litigating the dispute for almost four years
• holding that judicial conduct waiver is an issue for the court, then analyzing whether there was a delegation
• concluding that an agreement requiring arbitration on \the issue of arbitrability of any claim or dispute\ was silent on the issue of litigation-conduct waiver and that the lower court was correct to decide the issue
• observing that “our Court has long decided questions of waiver based on litigation conduct instead of referring the issue to an arbitrator”
• holding summarily that the parties’ agreement failed to meet the “clear and unmistakable evidence” standard

Source: CourtListener parenthetical corpus (CC0).