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· 5/23/2012

Johnson Associates Corp. v. HL Operating Corp.

Citations

  • 680 F.3d 713
  • 2012 WL 1861675
  • 2012 U.S. App. LEXIS 10339

How courts have described this case

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

  • “[A]n enforceable contractual right to compel arbitration operates as a quasi-jurisdictional bar to a plaintiff’s claims, providing grounds for dismissal of the suit.”
  • “Regardless of whether a defendant is required to raise arbitration as a defense under Rule 8(c
  • “[A] defendant’s failure to raise arbitration as an affirmative defense shows his intent to litigate rather than arbitrate.”
  • plaintiffs filed suit against Hartmann; Hartmann filed an answer and counterclaim with no reference to arbitration, waiving the right to arbitrate.
  • “Although it has been settled that a party can waive its contractual right to arbitration because of the strong presumption in favor of arbitration, waiver of the right to arbitration is not to be lightly inferred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Clay, Griffin

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.