National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc., Harold T. Hedges

How courts have described this case

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

• noting that a defendant may waive a right to arbitrate by \act[ing] inconsistently with the arbitration right\
• noting that “[i]t is obviously [a defendant’s] right to conduct discovery on any non-arbitrable claims” without risking waiver as to other arbitrable claims
• noting that a defendant may waive a right to arbitrate by “act[ing] inconsistently with the arbitration right”
• holding defendant waived arbitration right because it filed answer to complaint asserting fifteen affirmative defenses, engaged in extensive discovery, and moved for summary judgment before requesting arbitration
• holding defendant waived arbitration right because it filed answer to complaint asserting fifteen affirmative defenses, engaged in extensive discovery, and moved for summary judgment before requesting arbitration
• holding “a court may consider prejudice to the objecting party as a relevant factor among the circumstances that the court examines in deciding whether the moving party has taken action inconsistent with the agreement to arbitrate”

Source: CourtListener parenthetical corpus (CC0).