Zuckerman Spaeder, LLP v. Auffenberg

How courts have described this case

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

• explaining that a defendant’s first available opportunity is “typically in filing his first responsive pleading or motion 'to dismiss”
• suggesting that a defendant can “overcome the presumption of having forfeit his right to a stay” if “his conduct- in litigation after the first responsive pleading imposed no or little cost upon opposing counsel and the courts”
• focusing on a party’s filings to determine whether he had waived the right to arbitrate
• “By this opinion we alert the bar in this Circuit that failure to invoke arbitration at the first available opportunity will presumptively extinguish a client’s ability later to opt for arbitration.”
• “A [party] who delays seeking a stay pending arbitration until after his first available opportunity might still prevail on a later stay motion provided his delay did not prejudice his opponent or the court.”
• potential prejudice is among circumstances to be considered

Source: CourtListener parenthetical corpus (CC0).