DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152323P.pdf 05/10/2016 Richard A. Messina v. North Central Distributing
U.S. Court of Appeals Case No: 15-2323
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Beam and Gruender, Circuit Judges]
Civil case - Arbitration. Defendant knew of its right to arbitration,
acted inconsistently with that right by engaging in pretrial proceedings
and by only moving to arbitrate after it lost its motion to transfer venue
and prejudiced plaintiff by its failure to even mention arbitration
despite numerous opportunities to so over eight months of litigation; as a
result, the district court did not err in finding defendant had waived its
right to arbitration.