Menorah Insurance v. INX Reinsurance Corp.

How courts have described this case

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

• concluding that the defendant waived its right to arbitrate where it “chose not to invoke arbitration from July 1992 until October 1993 and [the plaintiff] bore the costs of proceeding to try to obtain the sums it thought owed”
• observing in context of international, non-FAA arbitration case that “[arbitration clauses were not meant to be another weapon in the arsenal for imposing delay and costs in the dispute resolution process”
• finding implicit waiver where the defendant waited over a year to invoke arbitration, and the plaintiff incurred litigation expenses as direct result of defendant’s behavior
• finding prejudice when a party “incurred expenses as a direct result of [an opponent’s] dilatory behavior” (quoted in Universal Underwriters, 345 S.W.3d at 411)
• finding prejudice when a party “incurred expenses as a direct result of [an opponent’s] dilatory behavior” (quoted in Universal Underwriters, 345 S.W.3d at 411)
• finding implicit waiver where the defendant waited over a year to invoke arbitration, and the plaintiff incurred litigation expenses as direct result of defendant’s behavior

Source: CourtListener parenthetical corpus (CC0).