Wednesday, August 17, 2011

Third Circuit -- Gray Holdco Inc v. Cassady

Gray Holdco Inc v. Cassady

"No waiver" term in contract does not bar consideration of whether party invoking arbitration unduly prejudiced by delay the determination.

The amount of time between beginning the litigation and invoking arbitration is not of itself dispositive, but given the lively motion practice, the court found both substantive and procedural prejudice.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.