Legal Opinion
Ohio-Sealy Mattress Manufacturing Co. v. Kaplan
Court of Appeals for the Seventh Circuit
Decided July 7, 1983No. 82-2367PublishedCited by 10 opinions
1Opinion of the Court
BAUER, Circuit Judge.
The issue in this case is whether OhioSealy, Inc. waived its express right to arbitrate the amount of royalties due under its license agreement with Sealy, Inc. The district court, 545 F.Supp. 765, held that OhioSealy waived its contractual right to arbitration when it told Sealy “[W]e stánd ready to have the matter resolved by litigation or arbitration whenever you so choose.” Accordingly, the district court refused to stay Sealy’s counterclaim pending arbitration and ruled, as a matter of law, that Sealy was entitled to withheld royalties and late charges. We affirm.
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2Cases cited9 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Merritt Dickstein v. Edmond Dupont, as They Are Partners of Francis I. Dupont & Co.Court of Appeals for the First Circuit · 1971
- In Re Mercury Construction Corporation, Mercury Construction Corporation v. The Moses H. Cone Memorial HospitalCourt of Appeals for the Fourth Circuit · 1981
- Martin Marietta Aluminum, Inc., a California Corporation v. General Electric Company, a New York CorporationCourt of Appeals for the Ninth Circuit · 1978
- Midwest Window Systems, Inc. v. Amcor Industries, Inc.Court of Appeals for the Seventh Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc. And Bayard Shirt Corporation, and Don Sophisticates, Inc. And Herbert RounickCourt of Appeals for the Second Circuit · 1985
- Ohio-Sealy Mattress Manufacturing Co. v. Sealy Inc.Court of Appeals for the Seventh Circuit · 1985
- LAS, INC. v. Mini-Tankers, USA, Inc.Appellate Court of Illinois · 2003
- Magallanes Investment, Inc. v. Circuit Systems, Inc.Court of Appeals for the Seventh Circuit · 1993
- Rosen v. Shearson Lehman Bros., Inc.District Court of Appeal of Florida · 1988
5 more not listed; retrieve them via the Exa API.