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· 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 CourtListener

Sourced 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.