| 21-1359 |
Robert Corliss v. Crossroads Financing, LLC, et al. |
California |
2022-04-19 |
Denied |
Response Waived |
arbitration arbitration-waiver california-state-court contract-law contractual-rights court-inconsistency equal-treatment equal-treatment-principle litigation-conduct prejudice prejudice-standard waiver |
Whether prejudice is required to prove waiver of arbitration rights |
| 21-1028 |
International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd. |
Fifth Circuit |
2022-01-20 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
appellate-review arbitration arbitration-waiver circuit-split civil-procedure clear-error-standard deference fact-finding federal-rules-of-civil-procedure litigation-conduct rule-52a standard-of-review |
Whether prejudice is part of the test for litigation conduct waiver in the context of an arbitration clause |
| 21-328 |
Robyn Morgan v. Sundance, Inc. |
Eighth Circuit |
2021-09-01 |
Judgment Issued |
Amici (10)Relisted (2) |
arbitration arbitration-waiver circuit-split contract-law equal-treatment equal-treatment-principle federal-courts litigation-conduct prejudice prejudice-requirement state-courts waiver |
Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court's instruction that low… |
| 18-572 |
Dorsey Ron McCall v. Aptim Corporation |
Fifth Circuit |
2018-11-01 |
Dismissed |
|
abstention arbitration-waiver circuit-split civil-procedure federal-court-abstention federal-courts federal-state-jurisdiction forum-shopping litigation-conduct prejudice state-court-proceedings |
Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver? |