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Civil Practice: Arbitration-Discovery-Waiver
Staff Report//October 20, 2023//
Where appellant filed a demand for arbitration in a dispute with its franchisee, the demand sought to relitigate the preliminary injunction proceedings and adverse discovery rulings, and the judgment is affirmed because the appellant waived its contractual right to arbitrate by substantially invoking the litigation machinery rather than promptly seeking arbitration, and the district court did not err in resolving the discovery dispute or in denying the motion for a stay of proceeding.
Judgment is affirmed.
Breadeaux’s Pisa, LLC v. Beckman Bros. Ltd. (MLW No. 80626/Case No. 22-2835 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Jeremy Suhr, Kansas City, MO argued for appellant) (Andrew Mark Malzahn, Minneapolis, MN argued for appellee; Scott Edward Korzenowski, Andrew J. Ennis and Phillip James Richard Zeeck appeared on the brief).
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