Saga Communications of New England, Inc. v. Voornas

How courts have described this case

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

• holding that there is only prejudice where the parties have engaged in the substantial litigation of arbitrable claims
• holding that “[t]he relevant question is whether the parties have litigated ‘substantial issues going to the merits’ of the arbitrable claims without any indication that, despite the dispute’s presence in court, a party intends to exercise its contractual right to arbitration.”
• holding “[t]he relevant question is whether the parties have 7 litigated ‘substantial issues going to the merits’ of the arbitrable claims without any indication that, despite the dispute’s presence in court, a party intends to exercise its contractual right to arbitration.” (citations omitted)
• delay alone and expense that would have been incurred in arbitration are not enough to support a finding of prejudice

Source: CourtListener parenthetical corpus (CC0).