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· 7/30/1991

William G. Walker and Sandra O. Walker v. J.C. Bradford & Co., Milburn L. Bryant, Mary C. Bryant and Sandra L. Bryant v. J.C. Bradford & Co.

Citations

  • 938 F.2d 575
  • 1991 U.S. App. LEXIS 16761
  • 1991 WL 138496

How courts have described this case

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

  • holding that a court “should not ordinarily infer waiver based upon prejudice” when “only a minimal amount of discovery has been conducted” (quotation omitted)
  • holding that party did not waive arbitration right by propounding interrogatories and requests for production,, attending initial pretrial conference, and delaying thirteen months before filing motion to compel arbitration
  • finding that the defendant had not waived its right to compel arbitration despite a thirteen-month delay and some participation in discovery
  • noting that the defendant had “served plaintiffs with several preliminary interrogatories and requested that plaintiffs produce certain documents”
  • holding no waiver even though parties engaged in discovery, attended pretrial conference, amended scheduling order three times and moved to transfer case during thirteen-month period before filing motion to compel arbitration
  • finding no waiver and noting that defendant “did not ask the court to make any judicial decisions, for example, by requesting summary judgment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, King, Garwood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.