United States Sixth Circuit

In plaintiffs' suit against Deutsche Bank and others claiming violations of the Servicemembers' Civil Relief Act (SCRA), and state law claims of infliction of emotional distress, fraud and conversion, arising from the defendants' foreclosure of plaintiffs' home, district court's denial of defendants' motion to compel arbitration on the basis that they waived their right to enforce an arbitration clause against plaintiffs is affirmed as defendants took actions inconsistent with any reliance on the waiver provision and plaintiffs have suffered actual prejudice as a result of defendants' delay.

Appellate Information

• Argued 04/27/2010
• Decided 07/01/2010
• Published 07/01/2010

Judges

• CLAY, J.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Frank B. Melchiore, Ernest Raymond Bazzana