Krinsk v. SunTrust Banks, Inc.

How courts have described this case

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

• stating defenses waived initially cannot be asserted in response to an amended complaint unless the amended complaint altered the scope or theory of the case
• compelling arbitration and holding that, after nine months of litigation, the plaintiff’s filing of an amended complaint that “unexpectedly change[d] the scope or theory of the plaintiff’s claims” nullified the defendant’s arbitration waiver
• cited 25 with approval in Burton v. Ghosh, 961 F.3d 960, 967 (7th Cir. 26 2020)
• “The invocation of the judicial process ordinarily establishes a waiver of the defendant’s right to compel arbitration . . . .”
• “The invocation of the judicial process ordinarily establishes a waiver of the defendant’s right to compel arbitration . . . .”
• “[W]hen a plaintiff files an amended pleading that unexpectedly changes the shape of the case, the case may be so altered that the defendant should be relieved from its waiver.”

Source: CourtListener parenthetical corpus (CC0).