Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc. And Bayard Shirt Corporation, and Don Sophisticates, Inc. And Herbert Rounick

How courts have described this case

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

• holding that defendants did not waive their right to compel arbitration by participating in discovery for two years and filing a motion to dismiss under Fed. R. Civ. P.12(b)(6)
• noting that the “litigation of substantial issues going to the merits may constitute a waiver”
• noting that a plaintiff bringing a claim related to an arbitrable claim should not be surprised by a pre-answer motion to dismiss
• noting that a plaintiff bringing a claim related to an arbitrable claim should not be surprised by a pre-answer motion to dismiss
• concluding that there was no waiver despite a two-year delay
• recognizing a motion to dismiss may be necessary to sort out arbitrable and nonarbitrable claims

Source: CourtListener parenthetical corpus (CC0).