Topic: there is a strong presumption against finding a waiver of a… · Go Syfert
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Topic #8952

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 FlagCanonical passage Citers
1 Republic Insurance v. Paico Receivables, LLC Anchor
ca5 · 2004
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.
ca5 · 2009
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
ca5 · 1985
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
ca5 · 1999
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.
ca5 · 1991
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.

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