Seventh Circuit· 10/22/2018

Smith v. GC Servs. Ltd. P'ship

Citations

907 F.3d 495

How courts have described this case

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

finding waiver because the collection agency “could have found the [relevant credit card] agreement through a routine internet search”
finding it relevant that defendant “filed its answer, but made no mention of the arbitration agreement”
finding that defendant’s actions in not moving to compel arbitration until it had lost its mo- tion to dismiss, thirteen months after the suit was filed, and five months after it pri- vately demanded plaintiff arbitrate her claim was inconsistent with an intent to ar- bitrate
waiting eight months to demand arbitration with no mention of an intent to arbitrate in an answer, then waiting another five months after party’s refusal to bring motion to compel, qualified as acting inconsistently with the right to arbitrate
“The initial suggestion that GC Services—a sophisti- cated debt collection agency—would be unaware that credit card agreements routinely include arbitration agreements is suspect.”
“The initial suggestion that GC Services—a sophisti- cated debt collection agency—would be unaware that credit card agreements routinely include arbitration agreements is suspect.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brennan, Easterbrook, Kanne

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Cited by

11 cases in this archive cite this case.

Cites

19 cases in this archive are cited by this case.

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