Nevada Gold & Casinos, Inc. v. American Heritage, Inc.

OPINION

In this appeal from a district court order denying appellants’ motion to compel arbitration, we consider whether appellants have waived any right to demand arbitration by vigorously litigating the dispute in a Texas court. Applying an analytical framework crafted by the Eighth Circuit Court of Appeals, we conclude that appellants, knowing of their arbitration right, have acted inconsistently with an intent to arbitrate, and that they have thereby prejudiced respondents. We determine that appellants have waived arbitration, and so we grant respondents’ motion to dismiss this appeal.

FACTS