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5 canonical passages across 5 cases, quoted by 41 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Republic Insurance v. Paico Receivables, LLC.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Republic Insurance v. Paico Receivables, LLC Anchor | green | “there is a strong presumption against finding a waiver of arbitration, and the party claiming that the right to arbitrate has been waived bears a heavy burden.” | 12 |
| 2 | Nicholas v. KBR, INC. | green | “prejudice in the context of arbitration waiver refers to delay, expense, and damage to a party's legal position.” | 10 |
| 3 | Tenneco Resins, Inc., and Tenn-Uss Chemicals Co. v. Davy International, Ag And/or Davy McKee International, Ag | green | “the question of what constitutes a waiver of the right of arbitration depends on the facts of each case.” | 8 |
| 4 | Subway Equipment Leasing Corp. v. Forte | green | “party must, at the very least, engage in some overt act in court that evinces a desire to resolve the arbitrable dispute through litigation rather than arbitration.” | 6 |
| 5 | 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. | green | “waiver will be found when the party seeking arbitration substantially invokes the judicial process to the detriment or prejudice of the other party.” | 5 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.