Tillman Group, Inc. v. Keith

How courts have described this case

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

• litigating the merits of a claim without seeking to initiate arbitration proceedings waives a party’s right to insist upon arbitration
• appellant litigated claim to judgment without ever moving to compel arbitration or to stay proceedings pending arbitration
• agreement to arbitrate is waived by any action of party which is inconsistent with the right of arbitration
• defendant waived rights under arbitration clause by litigating merits of arbitrable claim in court having jurisdiction to compel arbitration without seeking to initiate arbitration proceedings
• defendant waived rights under arbitration clause by litigating merits of arbitrable claim in court having jurisdiction to compel arbitration without seeking to initiate arbitration proceedings
• By “litigating the merits of the appellees’ claim . . . without filing a motion [to compel arbitration] or otherwise seeking to initiate arbitration proceedings, the appellant waived its right to insist upon arbitration.”

Source: CourtListener parenthetical corpus (CC0).