Thyssen, Inc. v. Calypso Shipping Corp.

How courts have described this case

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

• ruling that no waiver exists with this opinion. even though defendant did not seek arbitration until more than eighteen months after the suit was filed and after plaintiff filed a motion for partial summary judgment
• explaining that the affirmative defense of arbitration mentioned in Rule 8(c) does not refer to a motion to stay pending arbitration, but to a situation in which arbitration has already occurred
• noting that the Second Circuit “has refused to find waiver in a number of cases where delay in trial proceedings was not accompanied by substantial motion practice or discovery” and collecting cases
• noting that the Second Circuit “has refused to find waiver in a number of cases where delay in trial proceedings was not accompanied by substantial motion practice or discovery” and collecting cases
• declining to find excessive costs where no evidence of extensive discovery or substantive motions by party asserting right to arbitration
• collecting cases finding no waiver for periods of one and a half years and three years

Source: CourtListener parenthetical corpus (CC0).