Louisiana Stadium & Exposition District v. Merrill Lynch, Pierce, Fenner & Smith Inc.

How courts have described this case

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

• noting that prejudice is the most important of these three factors to be weighed in considering waiver under the FAA
• noting that “[n]o discovery took place” in the eleven months before arbitration was sought, “but the litigation was hardly dormant”
• finding waiver where “[ejleven months elapsed” between a plaintiffs filings in state and federal court and its motion to compel arbitration
• characterizing an 11 month delay as a “significant amount of time” that, in combination with other factors, constituted waiver
• affirming on the merits, post- Howsam, the district court’s denial of a motion to compel arbitration on the basis of waiver
• considering whether a party waived its right to arbitration without regard to the scope of the underlying arbitration provision

Source: CourtListener parenthetical corpus (CC0).