Taylor v. Benirschke

How courts have described this case

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

• noting that proof that the party seeking arbitration took “advantage of pre-trial discovery not available in arbitration” is sufficient to establish prejudice
• finding that a party waives its right to arbitration if it “engages in protracted litigation” before attempting to enforce that right
• observing that the waiver analysis includes consideration of “the amount of litigation (including exchanges of pleadings, any substantive motions, and discovery)”
• observing that the waiver analysis includes consideration of “the amount of litigation (including exchanges of pleadings, any substantive motions, and discovery)”
• holding the petitioners waived their right to compel arbitration by engaging in extensive pre-trial discovery, to the prejudice of the respondent
• commenting that the amount of litigation includes consideration of “exchanges of pleadings and discovery”

Source: CourtListener parenthetical corpus (CC0).