Legal Opinion
Nicholas v. KBR, INC.
Court of Appeals for the Fifth Circuit
Decided April 22, 2009No. 08-20140PublishedCited by 75 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
Geraldine Nicholas appeals the district court’s denial of her motion to compel arbitration of her contract dispute with KBR, Inc., the successor corporation of her deceased husband’s former employer, M.W. Kellogg Co. Nicholas contends that the district court improperly ruled that she waived her right to arbitrate her dispute with KBR. For the reasons set forth below, we conclude that the district court did not err when it found that Nicholas substantially invoked the judicial process to the prejudice of KBR. Consequently, we affirm the district court’s judgment.
I. FACTS
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2Cases cited12 opinions
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
- LeMaire v. Louisiana Department of Transportation & DevelopmentCourt of Appeals for the Fifth Circuit · 2007
- Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Cooper v. Westend Capital Management, L.L.C.Court of Appeals for the Fifth Circuit · 2016
- Evelyn Larbie v. Derek LarbieCourt of Appeals for the Fifth Circuit · 2012
- MC Asset Recovery LLC v. Castex Energy, Inc. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2010
- Rasheed Al Rushaid v. National Oilwell VarcCourt of Appeals for the Fifth Circuit · 2014
- Aptim Corporation v. Dorsey McCallCourt of Appeals for the Fifth Circuit · 2018
70 more not listed; retrieve them via the Exa API.