· 9/13/2004
Republic Insurance v. Paico Receivables, LLC
Citations
- 383 F.3d 341
- 2004 U.S. App. LEXIS 19150
- 2004 WL 1905296
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that a party’s failure to assert its right to arbitrate a dispute is a relevant factor to determine prejudice and thus waiver in arbitration context
- reasoning that a party’s failure to assert its right to arbitrate a dispute is a relevant factor to determine prejudice and thus waiver in arbitration context
- finding waiver where party requesting arbitration did so days before trial after answering a complaint, conducting discovery, and filing numerous motions
- discussing the prejudice resulting when discovery is conducted regarding both ar-bitrable and nonarbitrable claims
- compelling a party to participate in full-fledged discovery, expert preparation, and trial preparation meant that the party would have to incur significant legal fees associated with litigating its defenses and counterclaims
- identifying the time and expense involved in litigation as key factors demonstrating prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Garza, Prado
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.