MC Asset Recovery LLC v. Castex Energy, Inc. (In Re Mirant Corp.)

How courts have described this case

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

• holding that a party substantially invoked the judicial process by, inter alia, submitting three motions to dismiss before moving to compel arbitration
• concluding that arbitration was waived where the movant filed a motion seeking dismissal with prejudice for failure to state a claim before moving to compel arbitration
• holding that appellant failed to make a timely demand for arbitration where it “waited eighteen months before moving to compel arbitration while it attempted to obtain a dismissal with prejudice from the district court”
• concluding that a party did not waive its right to compel arbitration unless that party “at the very least” had engaged “in some overt act in court that evinces a desire to resolve the arbitrable dispute through litigation rather than arbitration”
• finding that “[a] party waives arbitration by seeking a decision on the merits before attempting to arbitrate.”
• holding the defendant substantially 1 Previously, the Fifth Circuit held a “a party waives its right to arbitrate if it (1) substantially invokes the judicial process and (2

Source: CourtListener parenthetical corpus (CC0).