Painewebber Incorporated Sheldon Chaiken Lee H. Lovejoy Anthony Presogna Kevin Collins v. Henry J. Faragalli, Jr.

How courts have described this case

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

• explaining that “[p]rejudice is the touchstone for determining whether the right to arbitration has been waived”
• stating that “waiver will normally be found only where the demand for arbitration came long after the suit commenced and when both parties had engaged in extensive discovery”
• finding that an action to compel arbi- tration is proper when the other party refuses to arbitrate by \unambigu- ously manifesting an intention not to arbitrate the subject matter of the dispute\
• rejecting argument that party compelling arbitration waived right by filing third-party complaint, because prejudice was not shown
• stating, in the context of a Federal Arbitration Act claim, that “while a state statute of limitations may be ‘borrowed’ for a federal claim, federal, not state, law governs as to when the cause of action accrues”
• objected that claims were subject to arbitration 21 days after the filing of the plaintiffs state court complaint

Source: CourtListener parenthetical corpus (CC0).