23 Alabama opinions name it 3 courts 1909–2014 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Companion Life Ins. Co. v. Whitesell Mfg., Inc.green2 sentences2007In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc., 670 So.2d 897, 899 (Ala.1995), this Court said: "Whether a party's participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent order requiring it to submit to arbitration. 2002In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc ., 670 So.2d 897 (Ala. 1995), this Court said: "`Whether a party's participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent order requiring it to submit to arbitration. | 9 | 18 |
American Dairy Queen Corp. v. Tantillogreen2 sentences2001No rigid rule exists for determining what constitutes a waiver of the right to arbitrate; the determination as to whether there has been a waiver must, instead, be based on the particular facts of each case.... [[Image here]] “ ‘ “The general rule with regard to waiver of one’s right to arbitrate was stated in American Dairy Queen Corp. v. Tantillo, 536 F.Supp. 718 (M.D.La.1982): “ ‘ “ ‘It is well settled that there is a strong federal policy favoring arbitration and a waiver of the right to compel arbitration will not be lightly inferred [Citations omitted.]’ “ ‘ “536 F.Supp. at 720. 2001No rigid rule exists for determining what constitutes a waiver of the right to arbitrate; the determination as to whether there has been a waiver must, instead, be based on the particular facts of each case.... [[Image here]] “ ‘ “The general rule with regard to waiver of one’s right to arbitrate was stated in American Dairy Queen Corp. v. Tantillo, 536 F.Supp. 718 (M.D.La.1982): “ ‘ “ ‘It is well settled that there is a strong federal policy favoring arbitration and a waiver of the right to compel arbitration will not be lightly inferred [Citations omitted.]’ “ ‘ “536 F.Supp. at 720. | 1 | 2 |
Climastor IV, L.L.C. v. Marshall Construction, L.L.C.green1 sentence2013This motion specifically asked the trial court to assess the viability and applicability of a purported contractual limitation on damages not only in relation to the O’Neals’ breach-of-contract claim, but also in relation to their tort claims of fraudulent suppression, negligence, and wantonness. “““Whether a party’s participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks of an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent orde | 1 | 1 |
Paw Paw's Camper City, Inc. v. Haymangreen1 sentence2013This motion specifically asked the trial court to assess the viability and applicability of a purported contractual limitation on damages not only in relation to the O’Neals’ breach-of-contract claim, but also in relation to their tort claims of fraudulent suppression, negligence, and wantonness. “““Whether a party’s participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks of an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent orde | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
FIRST FAMILY FINANCIAL SERV., INC. v. Jackson
green
2 sentences2002No rigid rule exists for determining what constitutes a waiver of the right to arbitrate; the determination as to whether there has been a waiver must, instead, be based on the particular facts of each case.' " 670 So.2d at 899 ." First Family Financial Servs ., 786 So.2d at 1128 . 2001No rigid rule exists for determining what constitutes a waiver of the right to arbitrate; the determination as to whether there has been a waiver must, instead, be based on the particular facts of each case.' " 670 So.2d at 899 ." 786 So.2d at 1128 . | 2 | 2001–2002 |
Allied-Bruce Terminix Cos., Inc. v. Dobson
green
2 sentences2001In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc., 670 So.2d 897, 899 (Ala.1995), this Court stated: "Whether a party's participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent order requiring it to submit to arbitration." Fidelity asserts that it did not have a reasonable chance of compelling arbitration until the United States Supreme Court decided Allied-Bruce Te 2001In Companion Life Insurance Co. v. Whitesell Manufacturing, Inc., 670 So.2d 897, 899 (Ala.1995), this Court stated: "Whether a party's participation in an action amounts to an enforceable waiver of its right to arbitrate depends on whether the participation bespeaks an intention to abandon the right in favor of the judicial process and, if so, whether the opposing party would be prejudiced by a subsequent order requiring it to submit to arbitration." Fidelity asserts that it did not have a reasonable chance of compelling arbitration until the United States Supreme Court decided Allied-Bruce Te | 1 | 2001–2001 |
Ex Parte Phelps
green
1 sentence2001Fidelity relies on Ex parte Phelps, 672 So.2d 790 (Ala.1995). | 1 | 2001–2001 |
Champion Ice Mfg. & Cold Storage Co. v. American Bonding & Trust Co.
green
2 sentences1917Bonding Co., 115 Ky. 863 , 75 S. W. 197 , 103 Am. 1917Bonding Co., 115 Ky. 863 , 75 S. W. 197 , 103 Am. | 1 | 1917–1917 |
Ryan v. Young
green
1 sentence1909But a fact, not considered upon the former appeal (Ryan v. Young, 147 Ala. 668, 41 South. 954 ), is presented by the present record for consideration, and that is fraud without damage — conceding that the mortgage was void. | 1 | 1909–1909 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.