2013 Ohio 1458
Ohio Ct. App.2013Background
- CMSD and Academic disputed contracts for 2008-2009 and 2009-2010 to provide tutoring services.
- CMSD asked for arbitration under contract §18(m) and sought summary judgment/alternative arbitration.
- Trial court granted CMSD’s motion as unopposed; Academic obtained relief from judgment and responsive briefing occurred.
- CMSD later moved to stay proceedings and refer to arbitration; Academic opposed.
- Trial court denied the stay-to-arbitrate motion, and CMSD appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of arbitration occurred? | Academic argues CMSD waived arbitration by delaying and fully litigating. | CMSD argues no waiver; it repeatedly invoked arbitration and the right should be enforced. | Waiver found; arbitration rights waived. |
Key Cases Cited
- Rock v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 79 Ohio App.3d 126 (8th Dist.1992) (waiver and stay/arbitration considerations apply to contract rights)
- Milling Away LLC v. UGP Properties LLC, 2011-Ohio-1103 (8th Dist.2011) (totality of circumstances test for waiver of arbitration rights)
- U.S. Bank, N.A. v. Wilkens, 2010-Ohio-262 (8th Dist.2010) (courts consider whether party knew of arbitration right and acted inconsistently with it)
- Pinnacle Condominiums Unit Owners’ Assn. v. Lakeside LLC, 2011-Ohio-5505 (8th Dist.2011) (distinguishes Pinnacle where later arbitration was found not to be a waiver; context matters)