Gentry v. Orkin, LLC

7 Citing cases

  1. Lopez v. GMT Auto Sales, Inc.

    656 S.W.3d 315 (Mo. Ct. App. 2022)   Cited 13 times
    Finding company’s acts of engaging in more than a year of motion practice, participating in discovery, requesting sanctions, and seeking summary judgment of arbitrable issues resulted in a waiver-by-litigation

    Missouri has long recognized that parties may waive the right to arbitration. See Reis v. Peabody Coal Co., 935 S.W.2d 625, 630 (Mo. App. E.D. 1996) (internal citation omitted); see also Bertocci, 530 S.W.3d at 557 (quoting Gentry v. Orkin, LLC, 490 S.W.3d 784, 788 (Mo. App. W.D. 2016) ). "Waiver results from a party's substantial participation in litigation to a point inconsistent with an intent to arbitrate[.]"

  2. Lopez v. GMT Auto Sales, Inc.

    No. ED110059 (Mo. Ct. App. Dec. 6, 2022)

    Missouri has long recognized that parties may waive the right to arbitration. See Reis v. Peabody Coal Co., 935 S.W.2d 625, 630 (Mo. App. E.D. 1996) (internal citation omitted); see also Bertocci, 530 S.W.3d at 557 (quoting Gentry v. Orkin, LLC, 490 S.W.3d 784, 788 (Mo. App. W.D. 2016)). "Waiver results from a party's substantial participation in litigation to a point inconsistent with an intent to arbitrate[]" Bull v. Torbett 529 S.W.3d 832, 840 (Mo. App. W.D. 2017) (internal quotation omitted); see Millennium Anesthesiology Consultants, LLC v. Walsh, 562 S.W.3d 373, 378-79 (Mo. App. E.D. 2018) (quoting Boulds v. Dick Dean Econ. Cars, Inc., 300 S.W.3d 614, 620 (Mo. App. E.D. 2010)).

  3. GFS, II, LLC v. Carson

    684 S.W.3d 170 (Mo. Ct. App. 2023)   Cited 2 times
    Finding waiver-by-litigation when creditor engaged in extensive litigation for more than a year

    Gateway’s participation in over a year of active litigation is sufficient to sustain the circuit court’s finding that it bad waived its right to compel arbitration. See Lopez, 656 S.W.3d at 329 (affirming finding of litigation-waiver where the party seeking to compel arbitration "committed to a course of litigation in the circuit court by engaging in over a year of motion practice and hearings," including active participation in discovery); Millennium Anesthesiology Consultants, LLC v. Walsh, 562 S.W.3d 373, 377 (Mo. App. E.D. 2018) (litigation-waiver established where "[t]he record demonstrates that Millennium knew it had the right to arbitrate Walsh’s counterclaims and that Millennium acted inconsistently with that right when it failed to seek arbitration for ten months during which time it litigated in the circuit court"); Gentry v. Orkin, LLC, 490 S.W.3d 784, 789 (Mo. App. W.D. 2016) (affirming finding of litigation-waiver where party "proceeded to litigate the case for over one year before moving to compel arbitration," including "propound[ing] and respond[ing] to discovery and fil[ing] motions and briefs without ever mentioning their purported right to arbitrate"); Reis v. Peabody Coal Co., 935 S.W.2d 625, 631 (Mo. App. E.D. 1996) ("Peabody’s delay for nearly two years before requesting arbitration and its pretrial maneuvering were inconsistent with its right to arbitrate."). We find it particularly significant that on July 14, 2022, the circuit court set the case for a five-day jury trial commencing on October 16, 2023, "upon the request" of counsel for both parties.

  4. Oliveira v. New Prime, Inc.

    424 F. Supp. 3d 206 (D. Mass. 2019)   Cited 3 times   2 Legal Analyses

    Delay alone does not establish prejudice, but "delay and the moving party's trial-oriented activity are material factors in assessing prejudice." Gentry v. Orkin, LLC, 490 S.W.3d 784, 789 (Mo. Ct. App. W.D. 2016) (citation omitted). Missouri law does not specify a bright-line rule, either in terms of litigation stage or time expended, as to when a party waives its right to compel arbitration.

  5. Salsman v. Leonard

    568 S.W.3d 434 (Mo. Ct. App. 2019)   Cited 4 times
    In Salsman, the parties agreed to arbitrate any dispute under the rules and procedures of "Construction [A]rbitration Services"; however, that entity "had stopped providing arbitration services approximately six years prior to the formation" of the parties' agreement.

    If the court determines that the agreement to arbitrate is valid and the dispute alleged is within the scope of the agreement, it must then assess "whether the arbitration agreement is subject to revocation under applicable contract principles." Gentry v. Orkin, LLC , 490 S.W.3d 784, 788 (Mo. App. W.D. 2016) (internal citation and quotations omitted). ANALYSIS

  6. Dolly v. Concorde Career Colls., Inc.

    537 S.W.3d 838 (Mo. Ct. App. 2017)   Cited 2 times

    "Whether a party has waived its right to arbitrate is determined on a case-by-case basis." Gentry v. Orkin, LLC , 490 S.W.3d 784, 789 (Mo. App. W.D. 2016) (citation omitted). "A party waives its right to arbitrate if it: (1) had knowledge of the existing right to arbitrate[,] (2) acted inconsistently with that right, and (3) prejudiced the party opposing arbitration."

  7. Bertocci v. Thoroughbred Ford, Inc.

    530 S.W.3d 543 (Mo. Ct. App. 2017)   Cited 12 times
    Reversing a circuit court's denial of a motion to compel arbitration where the consumer in a vehicle transaction "asserted that she was rushed through the process, did not understand the paperwork she was signing, and was not given a chance to review the paperwork"

    "A party may waive its right to arbitration." Gentry v. Orkin, LLC, 490 S.W.3d 784, 788 (Mo. App. W.D. 2016). Whether a party has waived its right to arbitration is determined on a case-by-case basis.