8 Cited authorities

  1. Subway Equip. Leasing Corp. v. Forte

    169 F.3d 324 (5th Cir. 1999)   Cited 183 times
    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)
  2. Nicholas v. KBR, Inc.

    565 F.3d 904 (5th Cir. 2009)   Cited 93 times   1 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.'"
  3. Williams v. Cigna Financial Advisors, Inc.

    56 F.3d 656 (5th Cir. 1995)   Cited 138 times
    Holding that Older Workers Benefit Protection Act does not preclude arbitration of ADEA disputes
  4. In re ADM Investor Services, Inc.

    304 S.W.3d 371 (Tex. 2010)   Cited 57 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"
  5. Hampton v. Equity Tr. Co.

    No. 16-50872 (5th Cir. May. 31, 2018)   Cited 4 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 PER CURIAM: Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4.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

  6. North American v. Financial Servs

    513 F.3d 466 (5th Cir. 2007)   Cited 13 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
  7. 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
  8. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 12,456 times   6 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion