St. Mary's Medical Center of Evansville, Incorporated v. Disco Aluminum Products Company, Incorporated, N/k/a Luminar Products, Incorporated

How courts have described this case

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

• finding that defendant impliedly waived right to arbitrate by participating in litigation for ten months
• noting that courts “treat a waiver of the right to arbitrate the same as [they] would treat the waiver of any other contract right”
• noting a party's two years of litigation without ever mentioning arbitration
• “Submitting a case to the district court for decision is not consistent with a desire to arbitrate. A party may not normally submit a claim for resolution in one forum and then, when it is disappointed with the result in that forum, seek another forum.”
• “If prejudice is relevant, even if not disposi‐ tive, the district court should consider it just as it should con‐ sider any other relevant factor.”
• prejudice relevant factor but court may find waiver absent prejudice

Source: CourtListener parenthetical corpus (CC0).