Fifth Circuit· 4/22/2009

Nicholas v. KBR, INC.

Citations

565 F.3d 904
2009 WL 998974

How courts have described this case

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

finding that in the context of the relatively small and straightforward dispute, the expense of removing, opposing a motion to remand, answering complaints, propounding discovery requests, and deposing witnesses were significant enough to constitute prejudice
finding a plaintiff substantially invoked the judicial process by filing suit in court and seeking to compel arbitration only after receiving an unfavorable judicial ruling
“A party generally invokes the judicial process by initially pursuing litigation of claims then reversing course and attempting to arbitrate those claims.”
“[T]he deposition shows that she had the Agreement all along in her husband’s files . . . .”
“KBR would be prejudiced by having to re-litigate in the arbitration forum the ERISA [preemption] issue already decided by the district court in its favor”
“Arguments not raised before the district court are waived and cannot be raised for the first time on appeal.” (quoting LeMaire v. Louisiana, 480 F.3d 383, 387 (5th Cir. 2007))

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Elrod, Haynes

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Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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