Abbasid, Inc. v. Bank of America, N.A.
Opinion of the Court
Appellant Abbasid, Inc. (“Abbasid”) appeals the district court’s order denying its motion to compel arbitration pursuant to an arbitration agreement between Abbasid and Appellee Bank of America, N.A. (“BOA”). The decision of the district court is affirmed for the following reasons:
Abbasid initiated litigation against BOA in state court for breach of contract,
The district court did not err in determining that Abbasid substantially invoked the judicial process by filing suit against BOA and proceeding with litigation for over one year without objection. The court, likewise, did not err in determining that Abbasid’s actions prejudiced BOA in terms of delay, expense, and legal position. Under these circumstances, the district court correctly determined that Abbasid waived its right to arbitrate its claims. Accordingly, the district court’s order denying Abbasid’s motion to compel is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- ABBASID, INC., doing business as Azhar's Oriental Rugs v. BANK OF AMERICA, N.A.
- Cited By
- 1 case
- Status
- Published