Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Stok & Associates v. Citibank

Case dismissed, pursuant to Rule 46, on June 2, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-514 11th Cir. Not Argued Jun 2, 2011 TBD TBD OT 2010
 
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Issue: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable?

Plain English Issue: Under the Federal Arbitration Act, federal courts may not litigate claims that the parties have agreed to arbitrate. However, a party can waive its right to enforce the arbitration agreement proceeding with litigation and not invoking the arbitration clause as a defense. Can this kind of waiver can be found when a defendant initially proceeds to litigate a case in court, but then later tries to invoke the arbitration agreement, if the delay in asking for arbitration did not do any harm to the plaintiff.

Plain English Summary:

Judgment: Dismissed under Rule 46. on June 2, 2011.

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