Legal Opinion

Hooper v. Advance America, Cash Advance Centers of Missouri, Inc.

Court of Appeals for the Eighth Circuit

Decided December 16, 2009No. 08-3252PublishedCited by 62 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Litigation or arbitration? Patricia Hooper (Hooper) 1 and Josephine Vaughan (collectively, Plaintiffs) want to litigate a class action against their payday lender, Advance America, Cash Advance Centers of Missouri, Inc. (Advance America), in federal court. Advance America, invoking a clause in Plaintiffs’ loans, wants to stay all litigation and compel Plaintiffs to binding arbitration. The district court 2 held Advance America waived its right to arbitration when it filed an extensive motion to dismiss. We affirm.

I. BACKGROUND

Plaintiffs and Advance America entered into a…

2Cases cited21 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  3. Fed. Sec. L. Rep. P 92,406 R. Stockton Rush, III v. Oppenheimer & Co., and Scott SeskisCourt of Appeals for the Second Circuit · 1985
  4. Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George WilmotCourt of Appeals for the Fifth Circuit · 1986
  5. United States v. Park Place Associates, Ltd.Court of Appeals for the Ninth Circuit · 2009

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3Cited by62 opinions

  1. Paige Martin v. Gary YasudaCourt of Appeals for the Ninth Circuit · 2016
  2. Hill v. Ricoh Americas Corp.Court of Appeals for the Tenth Circuit · 2010
  3. Tiffany Hill v. Xerox Business Services, LLCCourt of Appeals for the Ninth Circuit · 2023
  4. MC Asset Recovery LLC v. Castex Energy, Inc. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2010
  5. Mark Donelson v. Ameriprise Financial Svcs, IncCourt of Appeals for the Eighth Circuit · 2021

57 more not listed; retrieve them via the Exa API.

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