JKL Components Corp. v. Insul-Reps, Inc.

1 Citing brief

  1. Lincoln National Life Insurance Company v. Sussman

    MOTION for summary judgment

    Filed December 1, 2016

    Ct. v. Disco Alum. Prod., 969 F.2d 585 (7th Cir. 1992) (arbitration waived where the defendant seeking arbitration waited ten months after the claim was made to seek arbitration and participated in litigation); JKL Components Corp. v. Insul-Reps, Inc., 596 N.E.2d 945 (Ind. Ct. App. 1992) (arbitration waived where party made no effort to specifically request arbitration at any time before appeal); Garcia v. Wachovia Corp., 699 F.3d 1273, 1277 (11th Cir. 2012) (refusing to compel arbitration and explaining that the right to arbitration is waived where a party “acts inconsistently with the arbitration right when the party substantially invokes the litigation machinery prior to demanding arbitration,” and where the other party has been prejudiced through a lengthy delay in demanding arbitration and expenses incurred during the litigation process). Case 8:16-cv-00052-RAL-AAS Document 24 Filed 12/01/16 Page 9 of 14 PageID 517 - 10 - Sussman answered Lincoln’s complaint but never asked this Court to compel arbitration, nor did he mention arbitration in any further filing with the Court. Sussman participated in a Rule 26 conference and the filing of a case management report [ECF 12], submitted his Rule 26 disclosures, and filed a motion seeking affirmati