· 9/10/1993
Julie Cotton, Plaintiff-Appellee-Cross-Appellant v. William Slone, Defendant-Appellant-Cross-Appellee
Citations
- 4 F.3d 176
- 1993 U.S. App. LEXIS 23453
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the case was argued on June 4, 1993, and decided on September 10, 1993
- explaining that “factual allegations are taken as true in light of the general default judgment”
- finding that party’s engagement in discovery procedures not available in arbitration supported waiver finding
- finding that active litigation of the dispute in federal court, undertaking of discovery, filing of substantive motions, and the resultant expense and delay was prejudice sufficient to compel a finding of waiver
- finding prejudice where party “secured for himself the benefits of .pretrial discovery that is often unavailable in an arbitral forum”
- finding waiver where a party “actively litigated” a dispute by taking depositions and making substantive motions
Source: CourtListener parenthetical corpus (CC0).
Judges: Pierce, Walker, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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