United States Fifth Circuit

In an appeal from the District Court's denial of Defendant's motion to stay litigation and compel arbitration, the order is affirmed where Defendant waived its right to arbitrate because it substantially invoked the judicial process by waiting to move to arbitrate until the District Court ruled on an underlying contract issue.

Appellate Information

• Decided 07/09/2009
• Published 07/09/2009

Judges

• BENAVIDES, Circuit Judge:, Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• David Michael Bond (argued), Craig Douglas Dillard, Boyar & Miller, Houston, TX, for Plaintiff-Appellee., Hunter M. Barrow, Thompsom & Knight, L.L.P., Houston, TX, Debora B. Alsup (argued), Thompson & Knight, LLP, Austin, TX, for Defendant-Appellant.