Kwalick v. Bosacco

How courts have described this case

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

• holding that “the mere filing of a complaint or an answer without resulting prejudice to the objecting party will not justify a finding of waiver of the right to arbitration”
• finding that, the filing of a complaint and an answer, new matter, and a counterclaim does not automatically mean that a party waived its right to proceed to arbitration as required by a contract
• filing complaint or answer without resulting prejudice to objecting party is not tantamount to waiver of right to arbitration
• stating, “unless [a party’s] conduct has gained [it] an undue advantage or resulted in prejudice to another[, the party] should not be held to have relinquished the right” to compel arbitration
• “[T]he mere filing of a complaint or an answer without resulting prejudice to the objecting party will not justify a finding of waiver of the right to arbitration.”

Source: CourtListener parenthetical corpus (CC0).