(DOWNLOAD) "United States v. Varella" by Eleventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Varella
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case presents the question whether the district court correctly held that appellant waived its right to arbitrate by failing to move for arbitration at the outset of the litigation, despite the fact that at that time counsel for appellant considered such a motion futile. Finding that severance was impossible at the commencement of litigation because the claims were inextricably intertwined, that a motion for arbitration at the start of the litigation would have been futile, and that Merrill Lynch promptly filed for arbitration when the nonarbitrable claims were dismissed, we reverse. 518 F. Supp. 602.