· 9/14/2009
Okorafor v. UNCLE SAM & ASSOCIATES, INC.
Citations
- 295 S.W.3d 27
- 2009 WL 1086936
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defendants had substantially invoked the judicial process by filing multiple sworn and affirmative defenses, and affirmative claims for relief, including requests for declaratory relief, attorney’s fees, and sanctions
- concluding defendant substantially invoked judicial process because she pursued aggressive litigation strategy through amended pleadings that sought affirmative relief and abruptly switched to arbitration strategy when facing looming deadline to respond to discovery requests
- movants substantially invoked judicial process by filing “six counterclaims, several claims for declaratory relief, and requests for attorney’s fees and sanctions”
- appellate court must defer to trial court’s resolution of factual issues
- finding arbitration waived where party’s litigation strategy included counterclaims
Source: CourtListener parenthetical corpus (CC0).
Judges: Sherry Radack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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