Right to Arbitration Waived when this Defendant Substantially Invoked the Judicial Process

In re Christus Spohn Health System Corp., 2007 WL 2199120 (Tex.App.-Corpus Christi July 31, 2007)

Defendant waived its right to arbitration when it substantially invoked the judicial process, where before employer moved to compel arbitration: (1) 14 months elapsed after lawsuit was filed; (2) two separate trial settings had passed; (3) defendant had sought substantive discovery on the merits; (4) employer had filed a third-party petition and motion for contempt; and (5) defendant attempted to impose sanctions, which suggested that defendant was attempting to achieve a satisfactory result through the judicial process.

Texas Civil Trial Law Alert-August