National Association of Realtors v. United States of America

How courts have described this case

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

• holding that under current federal precedent, a party “acts inconsistently with exercising the right to arbitrate when it (1) makes an intentional decision not to move to compel arbitration and (2
• emphasizing that the defendant “did not make an intentional decision” to passage of extensive time and litigation . . . evinces a preference for litigation”
• emphasizing that the 7 Plaintiffs’ only other citation in support of waiver in their briefing is to NEXUS 1, LLC v. Sidwell, No. 23-cv-0216, 2025 WL 2375219 (E.D. Pa. Aug. 14, 2025
• finding no waiver where the motion to compel 11 arbitration was made within one year after the complaint was filed
• finding “limited discovery 23 requests did not evince a decision to take advantage of the judicial forum”
• finding no waiver when defendant moved to compel 5 arbitration within a year of plaintiff’s filing of his complaint and never sought or obtained a ruling 6 on the merits in the interim

Source: CourtListener parenthetical corpus (CC0).