· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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