context: Indeed, the court in Jones Motor discouraged courts from allowing "a party sensing an adverse court decision a second chance in another forum."
citation_a.signal: see also
citation_a.identifier: 418 F.2d 726, 726
citation_a.parenthetical: holding that plaintiffs' "suddenly discovered affection for arbitration" came too late when the claim was made after the action was dismissed with prejudice for failure to prosecute
citation_a.sentence: Jones Motor, 671 F.2d at 43; see also Morales Rivera, 418 F.2d at 726 (holding that plaintiffs’ “suddenly discovered affection for arbitration” came too late when the claim was made after the action was dismissed with prejudice for failure to prosecute). Moreover, “[ajrbitration clauses were not meant to be another weapon in the arsenal for imposing delay and costs in the dispute resolution process.”
citation_b.signal: cf.
citation_b.identifier: 614 F.2d 701, 701
citation_b.parenthetical: finding that defendants were properly denied the right to arbitrate where both parties had prepared for trial, the defendants had denied they were subject to the bargaining agreement providing for arbitration, and the defendants did not indicate desire to arbitrate until trial was underway
citation_b.sentence: See, e.g., Jones Motor, 671 F.2d at 44 (finding waiver where the parties had engaged in considerable discovery, and cross-motions for summary judgment had been filed and decided before the defendant moved to compel arbitration); Menorah Ins., 72 F.3d at 221 (finding waiver where defendant refused original request for arbitration and litigation had been proceeding for over a year); cf. Morales Rivera, 418 F.2d at 726 (denying plaintiffs motion to vacate dismissal and compel arbitration where case had been dismissed with prejudice for plaintiffs failure to prosecute); Reid Burton Constr., Inc., 614 F.2d at 701 (finding that defendants were properly denied the right to arbitrate where both parties had prepared for trial, the defendants had denied they were subject to the bargaining agreement providing for arbitration, and the defendants did not indicate desire to arbitrate until trial was underway).