Rich v. Walsh

How courts have described this case

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

• holding there was no waiver where, after one year of litigation, the parties conducted limited discovery and a deposition lasting only fifteen minutes, during which the party ultimately demanding arbitration notified the other side of its intention to demand arbitration
• finding litigation does not establish waiver when the parties conducted limited discovery and one fifteen-minute deposition in a period of thirteen months
• “[M]ere delay, regardless of its duration, should not be considered as a factor independent of the actual prejudice it occasions.”
• \South Carolina has primarily ... followed the approach adopted by the federal courts of the Fourth Circuit and other jurisdictions which require a showing of actual prejudice before finding waiver.\
• \The party seeking to establish waiver has the burden of showing prejudice.\
• finding a thirteen month period did not demonstrate waiver

Source: CourtListener parenthetical corpus (CC0).