Maples v. Nash

How courts have described this case

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

• holding 15 months of participation in lawsuit did not waive arbitration where an intervening court decision made the claims arbitrable
• no need for a party to engage in futile gestures to avoid a claim of waiver of arbitration
• “This circuit does not require a litigant to engage in futile gestures merely to avoid a claim of waiver. Thus, appellees’ failure to request arbitration prior to the Byrd decision is irrelevant to the issue of waiver.”
• “This circuit does not require a litigant to engage in futile gestures merely to avoid a claim of waiver. Thus, appellees’ failure to request arbitration prior to the Byrd decision is irrelevant to the issue of waiver.”
• “[A]ny motion to compel arbitration would almost certainly have been futile.”
• “[A]ny motion to compel arbitration would almost certainly have been futile.”

Source: CourtListener parenthetical corpus (CC0).