Legal Opinion

Forby Ex Rel. All Others Similarly Situated in Ill. v. One Techs., L.P.

Court of Appeals for the Fifth Circuit

Decided November 28, 2018No. 17-10883PublishedCited by 31 opinions

1Opinion of the Court

ALFRED H. BENNETT, District Judge:

Plaintiff-Appellant Vicky Forby ("Forby") appeals the district court's grant of Defendant-Appellee One Technologies, L.P.'s ("One Tech") motion to compel arbitration. Forby contends that the district court erred in finding she was not prejudiced by One Tech's substantial invocation of the judicial process. For the reasons set forth below, we conclude that the district court erred when it found One Tech had not waived its right to arbitration because Forby had not demonstrated that she was prejudiced. Accordingly, we reverse the district court's judgment.

I

On…

2Cases cited13 opinions

  1. Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
  2. Randolph Mahone v. Addicks Utility District of Harris CountyCourt of Appeals for the Fifth Circuit · 1988
  3. Subway Equipment Leasing Corp. v. ForteCourt of Appeals for the Fifth Circuit · 1999
  4. Republic Insurance v. Paico Receivables, LLCCourt of Appeals for the Fifth Circuit · 2004
  5. Alan S. Kramer v. Gaines W. HammondCourt of Appeals for the Second Circuit · 1991

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

3Cited by31 opinions

  1. Dennis Speerly v. General Motors, LLCCourt of Appeals for the Sixth Circuit · 2025
  2. Intl Engy Ventures Manage v. Untd Engy GrpCourt of Appeals for the Fifth Circuit · 2021
  3. Forby v. One TechCourt of Appeals for the Fifth Circuit · 2021
  4. Garcia v. FuentesCourt of Appeals for the Fifth Circuit · 2025
  5. Trevino v. Select Porfolio Servicing, Inc. (In re Trevino)United States Bankruptcy Court, S.D. Texas · 2019

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

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