finding assertions of prejudice insufficient to overcome burden of proving waiver where petitioner filed motion to stay pending arbitration thirteen months after he brought the suit, the parties had progressed with discovery, and separate proceedings raised the possibility of inconsistent verdicts
Summary of this case from Motion Control Industries, Inc. v. Brake Resources92-1705.
January 19, 1993.
Appeal from D.Md.
Decisions without Published Opinions Reversed.
finding assertions of prejudice insufficient to overcome burden of proving waiver where petitioner filed motion to stay pending arbitration thirteen months after he brought the suit, the parties had progressed with discovery, and separate proceedings raised the possibility of inconsistent verdicts
Summary of this case from Motion Control Industries, Inc. v. Brake ResourcesFull title:Gardner v. Bishop v. Gardner
Court:United States Court of Appeals, Fourth Circuit
Date published: Jan 19, 1993
Insofar as the City Defendants appear to suggest that they will provide additional, unspecified evidence on…
Motion Control Industries, Inc. v. Brake Resourcesaims that it would be prejudiced if it was forced to arbitrate its counterclaims because it would be forced…