Brickstructures, Inc. v. Coaster Dynamix, Inc.

Dist. Ct. did not err in denying defendant’s motion to compel arbitration of instant breach of contract claim based on arbitration clause. Record showed that: (1) defendant originally moved to dismiss plaintiff’s complaint on other grounds; (2) Dist. Ct. dismissed complaint on jurisdictional grounds; (3) when plaintiff re-filed lawsuit, defendant filed second motion to dismiss based, among other things, on ground that provision in contract made arbitration exclusive forum for instant claim; and (4) plaintiff withdrew portion of motion to dismiss alleging dismissal based on arbitration clause, before filing instant motion to compel arbitration one month later. Dist. Ct. could properly find that defendant had waived its right to arbitrate by expressly withdrawing its arbitration demand in second motion to dismiss. Fact that defendant claimed that plaintiff had pressured it to withdraw arbitration demand by threatening to seek sanctions against defendant did not require different result.