O'Meara v. IntePros Inc.

1 Citing case

  1. Wang v. Precision Extrusion, Inc.

    1:18-CV-350 (FJS/DJS) (N.D.N.Y. Jun. 26, 2018)   Cited 1 times

    "The determination of whether a party has waived its right to arbitration requires consideration of three factors: '(1) the time elapsed from when litigation was commenced until the request for arbitration; (2) the amount of litigation to date, including motion practice and discovery; and (3) proof of prejudice.'" O'Meara v. IntePros Inc., No. 3:16CV01840 (HBF), 2017 WL 3140359, *5 (D. Conn. July 19, 2017) (quoting Sutherland v. Ernst & Young, LLP, 600 Fed. Appx. 6, 7-8 (2d Cir. 2015) (quoting Louisiana Stadium & Exposition Dist. v. Merrill Lynch, Pierce, Fenner & Smith, 636 F.3d 156, 160 (2d Cir. 2010))). The Second Circuit "recognize[s] two types of prejudice: 'substantive prejudice and prejudice due to excessive cost and time delay.'"