Rhonda J. Lewallen v. Green Tree Servicing, L.L.C. U.S. Bank Trust National Association, as Trustee for Conseco Finance Home Equity Loan Trust

How courts have described this case

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

• explaining that failing to move to compel arbitration and stay litigation in a timely manner is inconsistent with the right to arbitrate
• noting that Lewallen had begun preparing responses to discovery requests when motion to dismiss/arbitrate was filed
• holding a party may waive its right to arbitrate by engaging in litigation, including through extensive discovery
• finding that this scenario resulted in unnecessary expense, delay, duplication of efforts, and deprivation of arbitration's main purpose
• holding a party may waive its right to arbitrate by engaging in litigation, including through extensive discovery
• emphasizing that, “[t]o safeguard its right to arbitration, a party must ‘do all it could reasonably have been expected to do to make the earliest feasible determination of whether to proceed judicially or by arbitration’ ”

Source: CourtListener parenthetical corpus (CC0).