Rhodes v. Benson Chrysler-Plymouth, Inc.

How courts have described this case

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

• holding a party waived its right to demand arbitration, although the demand for arbitration occurred after only ten months, because the parties engaged in extensive discovery and the demand for arbitration was made after the case was scheduled for trial
• finding a ten-month period in which parties exchanged written interrogatories and requests to produce and took five depositions was sufficient to demonstrate waiver
• finding \a direct nexus to the presence and degree of prejudice\ was sustained by the plaintiff because the parties exchanged written interrogatories and requests to produce and took five depositions
• explaining waiver involves examining the length of time between the commencement of the action and the attempt to compel arbitration, the extent of discovery conducted, and any prejudice to the nonmoving party
• \What is 'a substantial length of time' varies from one case to the next . . . .\
• \The right to enforce an arbitration clause . . . may be waived.\

Source: CourtListener parenthetical corpus (CC0).