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10 Alabama opinions name it 2 courts 2000–2015 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 |
|---|---|---|
EASTERN DREDGING & CONSTR. v. Parliament Housegreen2 sentences2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i 2014“Additionally, as this Court has consistently noted: ‘[T]here is a presumption against a court’s finding that a party has waived the right to compel arbitration.’ ” Bowen, 959 So.2d at 633 (quoting Eastern Dredging & Constr., Inc. v. Parliament House, L.L.C., 698 So.2d 102,103 (Ala.1997)). | 4 | 4 |
Britton v. Co-Op Banking Groupgreen2 sentences2010The party arguing waiver of arbitration bears a heavy burden of proof.” ’ “885 So.2d at 110 (See, J., dissenting) (quoting Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir. 1990))” Rogers v. State Farm Fire & Cas. 2007The party arguing waiver of arbitration bears a heavy burden of proof.'" 885 So.2d at 110 (See, J., dissenting) (quoting Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir.1990)). | 3 | 3 |
Paragon Ltd., Inc. v. Bolesgreen2 sentences2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i 2014“Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration is not lightly inferred, and the party seeking to prove waiver has a ‘heavy burden.’” Aurora Healthcare, Inc. v. Ramsey, 88 So.3d 495, 500 (Ala.2011) (quoting Paragon Ltd. v. Boles, 987 So.2d 561, 564 (Ala.2007)). | 2 | 3 |
Aurora Healthcare, Inc. v. Ramsey, 1091561 (Ala. 10-21-2011)green2 sentences2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i 2014"Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration is not lightly inferred, and the party seeking to prove waiver has a 'heavy burden.'" Aurora Healthcare, Inc. v. Ramsey, 83 So. 3d 495, 500 (Ala. 2011) (quoting Paragon Ltd. v. Boles, 987 So. 2d 561, 564 (Ala. 2007)). | 2 | 2 |
US PIPE AND FOUNDRY CO., INC. v. Currengreen2 sentences2012The courts will not lightly infer a waiver of the right to compel arbitration; thus, the burden on the party seeking to prove waiver is a heavy one.’ “U.S. Pipe & Foundry Co. v. Curren, 779 So.2d 1171, 1174 (Ala.2000) (emphasis added). 2006The courts will not lightly infer a waiver of the right to compel arbitration; thus, the burden on the party seeking to prove waiver is a heavy one." U.S. Pipe Foundry Co. v. Curren , 779 So.2d 1171 , 1174 (Ala. 2000) (emphasis added). | 2 | 2 |
SouthTrust Bank v. Bowengreen2 sentences2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i 2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i | 1 | 2 |
Companion Life Ins. Co. v. Whitesell Mfg., Inc.green1 sentence2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i | 1 | 1 |
Eric Anderton and Jackson Key Practice Solutions, LLC v. The Practice-Monroeville, P.C.green1 sentence2015Co. v. Whitesell Mfg., Inc., 670 So.2d 897, 899 (Ala.1996). “ ‘In order to demonstrate that the right to arbitrate a, dispute has been waived, the party opposing arbitration must demonstrate both (1) that the party seeking arbitration substantially invoked the litigation process, and (2) that the party opposing arbitration would be substantially prejudiced by an order requiring it to submit to arbitration.’ “SouthTrust Bank v. Bowen, 959 So.2d 624, 683 (Ala.2006) (some emphasis omitted). ‘Because there is a strong federal policy favoring arbitration, waiver of the right to compel arbitration i | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hales v. ProEquities, Inc.
green
2 sentences2010The party arguing waiver of arbitration bears a heavy burden of proof.” ’ “885 So.2d at 110 (See, J., dissenting) (quoting Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir. 1990))” Rogers v. State Farm Fire & Cas. 2007The party arguing waiver of arbitration bears a heavy burden of proof.'" 885 So.2d at 110 (See, J., dissenting) (quoting Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir.1990)). | 2 | 2007–2010 |
MUTUAL ASSUR, INC. v. Wilson
green
2 sentences2000Mutual Assurance, Inc. v. Wilson , 716 So.2d 1160 (Ala. 1998). 2000Mutual Assurance, Inc. v. Wilson, 716 So.2d 1160 (Ala.1998). | 2 | 2000–2000 |
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.