8 Cited authorities

Subway Equip. Leasing Corp. v. Forte
169 F.3d 324 (5th Cir. 1999) Cited 209 times 2 Legal Analyses
Holding that because their was no waiver of the right to arbitrate, the FAA "require the district court to stay litigation pending arbitration" (citing Hornbeck, 981 F.2d at 754)
Nicholas v. KBR, Inc.
565 F.3d 904 (5th Cir. 2009) Cited 115 times 2 Legal Analyses
Holding the Fifth Circuit continues to require a showing of prejudice and rejecting the Seventh Circuit's holding "that a party's 'election to proceed before a nonarbitral tribunal for the resolution of a contractual dispute is a presumptive waiver of the right to arbitrate.'"
Williams v. Cigna Financial Advisors, Inc.
56 F.3d 656 (5th Cir. 1995) Cited 152 times
Holding that Older Workers Benefit Protection Act does not preclude arbitration of ADEA disputes
In re ADM Investor Services, Inc.
304 S.W.3d 371 (Tex. 2010) Cited 67 times
Holding party did not invoke the judicial process "so as to waive enforcement" of contractual forum-selection clause because it "did nothing 'unequivocal' to waive enforcement"
North American v. Financial Servs
513 F.3d 466 (5th Cir. 2007) Cited 16 times
Finding waiver can occur when a party engages in “conduct so inconsistent with the intent to enforce [its] right” that it raises a reasonable belief that the party relinquished its rights
Hampton v. Equity Tr. Co.
No. 16-50872 (5th Cir. May. 31, 2018) Cited 6 times
No. 16-50872 05-31-2018 LAURA HAMPTON, Plaintiff - Appellant, v. EQUITY TRUST COMPANY, Defendant - Appellee. PER CURIAM Appeal from the United States District Court for the Western District of Texas USDC No. 1:12-CV-250 Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4. Laura Hampton
JOCKEY INT'L, INC. v. M/V "LEVERKUSEN EXPRESS"
No. 01 Civ. 9165 (CSH) (S.D.N.Y. Aug. 22, 2002) Cited 14 times
Holding that forum selection clause in a bill of lading issued to an NVOCC binds the cargo owner because the NVOCC acted as the cargo owner's agent in accepting the bill of lading
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,409 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Global Oil Tools, Inc. v. Expeditors International of Washington, Inc. et al

8 Cited authorities

Holding that because their was no waiver of the right to arbitrate, the FAA "require the district court to stay litigation pending arbitration" (citing Hornbeck, 981 F.2d at 754)

Holding the Fifth Circuit continues to require a showing of prejudice and rejecting the Seventh Circuit's holding "that a party's 'election to proceed before a nonarbitral tribunal for the resolution of a contractual dispute is a presumptive waiver of the right to arbitrate.'"

Holding that Older Workers Benefit Protection Act does not preclude arbitration of ADEA disputes

Holding party did not invoke the judicial process "so as to waive enforcement" of contractual forum-selection clause because it "did nothing 'unequivocal' to waive enforcement"

Finding waiver can occur when a party engages in “conduct so inconsistent with the intent to enforce [its] right” that it raises a reasonable belief that the party relinquished its rights

Holding that forum selection clause in a bill of lading issued to an NVOCC binds the cargo owner because the NVOCC acted as the cargo owner's agent in accepting the bill of lading

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion