Plows v. Rockwell Collins, Inc.

How courts have described this case

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

• holding that thirteen months of legal fees and presumably the different choices that would have been made had plaintiffs known the ease was going to arbitration were contributing factors to a finding of prejudice
• concluding that defendant waived right to arbitration because, inter alia, plaintiff “presumably ... made different choices concerning the litigation strategy of the case than he would have made if he had known that the case was going to proceed in arbitration”
• noting that “9 U.S.C. § 2, applies to transactions involving interstate commerce, including employment agreements where the employment relationship involves interstate commerce”
• finding waiver where the 27 defendant pursued broader discovery than what would have been permissible in arbitration given 28 the arbitration agreement’s specific discovery limitations
• finding element satisfied 12 when defendant actively litigated the case by removing it to federal court, seeking a venue 13 transfer, participating in meetings and scheduling conferences, negotiating and entering into a 14 protective order, and participating in discovery
• where defendant had served numerous interrogatories and subpoenaed plaintiff’s current 18 employer and negotiated a protective order from the court

Source: CourtListener parenthetical corpus (CC0).