Joca-Roca Real Estate LLC v. Brennan, Jr.

How courts have described this case

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

• highlighting that \[t]he party advocating waiver has the burden of demonstrating prejudice\
• finding prejudice as a result of eight-month discovery process because it was “highly improbable that the discovery undertaken here would have occurred in arbitration”
• finding waiver in context of pretrial proceedings involving 16 depositions, interrogatories, “thousands of pages of documents,” and four telephone conferences with court to resolve disputes
• finding prejudice with a nine-month delay after the filing of the complaint
• prefacing six factors as twofold inquiry of “undue delay in” asserting “arbitral rights” and “unfair prejudice” to other party, with only sixth factor implicating “prejudice[]” to “party opposing arbitration”
• waiting eight months after having engaged in 4 discovery including more than a dozen depositions, interrogatories, document production and a 5 conference with the magistrate judge and opposing party may establish waiver

Source: CourtListener parenthetical corpus (CC0).