N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York Corporation

How courts have described this case

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

• explaining that “waiver” can mean waiver by litigation conduct or, alternatively, be used “in the sense of ‘laches’ or 11 No. 2022AP920 ‘estoppel’”
• rejecting Application of Doughboy Indus., Inc., 17 A.D.2d 216, 233 N.Y.S.2d 488 (1st Dep’t 1962), relied upon by Norma J., as not stating the federal law
• distinguishing between types of waiver for arbitrators’ versus courts’ determination; deciding waiver issue resulting from litigation while reserving waiver “in the laches sense” to the arbitrator
• treating “default” under Section 3 of the Federal Arbitration Act as synonymous with “waiver” in the sense of taking action inconsistent with a right to arbitration
• stating “the general rule of contract law that, in the absence of fraud, misrepresentation or deceit, one who executes a contract cannot avoid it on the ground that he did not read it or supposed it to be different in its terms”
• describing the question of whether a party had the authority to enter an arbitration agreement on the defendant’s behalf as “a question for decision by the courts, because it goes expressly to the making of the agreement to arbitrate”

Source: CourtListener parenthetical corpus (CC0).