Tenneco Resins, Inc., and Tenn-Uss Chemicals Co. v. Davy International, Ag And/or Davy McKee International, Ag

How courts have described this case

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

• holding that arbitration was not waived where the right to arbitrate was asserted in the original answer to the case and only a minimal amount of discovery actually occurred before the motion to compel was filed
• holding that party did not waive arbitration right despite serving opponent with interrogatories and requests for production, seeking discovery protective order, and agreeing to a joint motion for extension of the discovery period, during eight months before moving to compel arbitration
• noting that taking unfair advantage of discovery proceedings not available in arbitration may constitute sufficient prejudice to infer waiver
• noting that trial court said it would not give significant consideration in the waiver-of-arbitration analysis to litigation conduct that occurred after the party moved to stay the litigation pending arbitration and adopting a similar approach on appeal
• finding no waiver where defendant’s answer sought dismissal based on arbitration clause and defendant moved for a stay pending arbitration five months later without any intervening dispositive motions
• finding no waiver where defendant’s answer sought dismissal based on arbitration clause and defendant moved for a stay pending arbitration five months later without any intervening dispositive motions

Source: CourtListener parenthetical corpus (CC0).