Subway Equipment Leasing Corp. v. Forte
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Doctor’s Associates, Inc. (“DAI”) and companies associated with DAI appeal a district court ruling denying their motion for a stay pending arbitration. The district court held that DAI and its associates had invoked the judicial process thereby creating a significant delay that prejudiced the opposing parties and that DAI had therefore waived its right to arbitration. Because DAI has not invoked the judicial process with respect to the claim it wishes to arbitrate and because there is no evidence that the opposing parties have been prejudiced by any delay, we…
2Cases cited15 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Doctor's Associates, Inc. v. Emily DistajoCourt of Appeals for the Second Circuit · 1997
- Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
- 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.Court of Appeals for the Fifth Circuit · 1991
- Sam Reisfeld & Son Import Company v. S. A. EtecoCourt of Appeals for the Fifth Circuit · 1976
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3Cited by163 opinions
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- In Re Merrill Lynch Trust Co. FSBTexas Supreme Court · 2007
- Russell v. Performance Toyota, Inc.Mississippi Supreme Court · 2002
- Republic Insurance v. Paico Receivables, LLCCourt of Appeals for the Fifth Circuit · 2004
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