United States Fifth Circuit

The District Court's order denying Plaintiff's motion to compel arbitration is affirmed, where Plaintiff waived her right to arbitrate, because she invoked the judicial process to the prejudice of Defendant by conducting discovery and filing papers that did not mention the arbitration clause under which she sought to proceed.

Appellate Information

• Decided 04/15/2009
• Published 04/15/2009

Judges

• HAYNES, Circuit Judge:, Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Edward Downs Fisher, John A. Cowan, Provost Umphrey, Beaumont, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Michael James Muskat, Muskat, Martinez & Mahony, LLP, Houston, TX, for Defendants-Appellees.