West Virginia Supreme Court
Yesterday Delivery Service, Inc. and Norman Ryder, Jr. v. Barbra Weiss, of the Estate of Daniel Weiss
March 23, 2020
Summary
The West Virginia Supreme Court affirmed the circuit court’s denial of a motion to compel arbitration, holding that the three‑year delay in demanding arbitration constituted a waiver under the parties’ agreement.
Holding
- Did the three‑year delay in filing a motion to compel arbitration waive the parties’ right to arbitrate under the contract’s arbitration provision?. The three‑year delay constituted a waiver of the right to arbitrate, and the circuit court’s denial of the motion to compel arbitration was correct.
Docket 19-0164
Cited authorities
- agreement
- agreement