Cited by
Opinions in Minnesota that cite Brothers Jurewicz, Inc. v. Atari, Inc., 296 N.W.2d 422.
- Edgar C. Ray v. Timothy Roen Kraft, aka T. Roen Kraft aka Roen Kraft, Mark Hoiseth, ... Minn. Ct. App. 2026
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Edgar C. Ray v. Timothy Roen Kraft, aka T. Roen Kraft aka Roen Kraft, Mark Hoiseth, ...
Minn. Ct. App. 2026
S., (citing Bros. Jurewicz, Inc. v. Atari, Inc., ), rev. denied (Minn. Mar.
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Jessica Anlauf, Appellant,
Minn. Ct. App. 2025
See, e.g., Bros. Jurewicz, Inc. v. Atari, Inc., -26, 428-29 (Minn. 1980) (rejecting appellant’s argument that arbitration should be compelled based on a predecessor statute because appellant was found to have waived its right to arbitration).1 “Waiver is the voluntary and intentional relinquishment of a known right.” Ill.
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Mark Lukens, et al., Respondents,
Minn. Ct. App. 2025
The supreme court has held that “a party to a contract containing an arbitration provision will be deemed to have waived any right to arbitration if judicial proceedings based on that contract have been initiated and have not been expeditiously challenged on the grounds that disputes under the contract are to be arbitrated.” Bros. Jurewicz, Inc.
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Stern 1011 First Street South, LLC, et al., Respondents,
Minn. Ct. App. 2020
Bros. Jurewicz, Inc. v. Atari, Inc.
- United Islamic Society v. Masjed Abubakr Al-Seddiq, Inc., and In the Matter of the: Putative Charitable Trust for … Minn. Ct. App. 2016
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United Islamic Society v. Masjed Abubakr Al-Seddiq, Inc., and In the Matter of the: Putative Charitable Trust for …
Minn. Ct. App. 2016
See Bros. Jurewicz, Inc. v. Atari, Inc., -29 (Minn. 1980) (affirming the district court’s conclusion that the appellant waived its right to compel arbitration by filing an answer and litigating the case in district court for one year before invoking the arbitration provision).
- Marriage of Gossman v. Gossman 847 N.W.2d 718 Minn. Ct. App. 2014
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Marriage of Gossman v. Gossman
847 N.W.2d 718
Minn. Ct. App. 2014
See e.g., Brothers Jurewicz, Inc. v. Atari, Inc., -29 (Minn.1980); Independent Sch.
- Cortez v. Avalon Care Center Tucson, L.L.C. 245 P.3d 892 Ariz. Ct. App. Div. 2 2010
- West St. Paul Federation of Teachers v. Independent School District No. 197 713 N.W.2d 366 Minn. Ct. App. 2006
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West St. Paul Federation of Teachers v. Independent School District No. 197
713 N.W.2d 366
Minn. Ct. App. 2006
Brothers Jurewicz, Inc. v. Atari, Inc.
- Community Partners Designs, Inc. v. City of Lonsdale 697 N.W.2d 629 Minn. Ct. App. 2005
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Community Partners Designs, Inc. v. City of Lonsdale
697 N.W.2d 629
Minn. Ct. App. 2005
The Minnesota Supreme Court addressed the issue of waiver in Brothers Jurewicz, Inc. v. Atari, Inc.
- Illinois Farmers Insurance Co. v. Glass Service Co. 683 N.W.2d 792 Minn. 2004
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Illinois Farmers Insurance Co. v. Glass Service Co.
683 N.W.2d 792
Minn. 2004
One way a party may waive a contractual right to arbitration is if “judicial proceedings based on that contract have been initiated and have not been expeditiously challenged on the grounds that disputes under the contract are to be arbitrated.” Bros. Jurewicz, Inc. v. Atari, Inc.
- Koes v. Advanced Design, Inc. 636 N.W.2d 352 Minn. Ct. App. 2001
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Koes v. Advanced Design, Inc.
636 N.W.2d 352
Minn. Ct. App. 2001
Brothers Jurewicz v. Atan, Inc., (citations omitted).
- Fedie v. Mid-Century Insurance Co. 631 N.W.2d 815 Minn. Ct. App. 2001
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Fedie v. Mid-Century Insurance Co.
631 N.W.2d 815
Minn. Ct. App. 2001
Brothers Jurewicz, Inc. v. Atan, Inc., -29 (Minn.1980).
- Minnesota Teamsters Public & Law Enforcement Employees' Union, Local 320 v. County of St. Louis 611 N.W.2d 355 Minn. Ct. App. 2000
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Minnesota Teamsters Public & Law Enforcement Employees' Union, Local 320 v. County of St. Louis
611 N.W.2d 355
Minn. Ct. App. 2000
Co., 296 Minn. 195, 199 , see also Brothers Jureivicz, Inc. v. Atari, Inc., (arbitration accorded “preferred status”).
- City of Morris v. Duininck Bros., Inc. 531 N.W.2d 208 Minn. Ct. App. 1995
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City of Morris v. Duininck Bros., Inc.
531 N.W.2d 208
Minn. Ct. App. 1995
Brothers Jurewicz, Inc. v. Atari, Inc.
- City of Cottonwood v. James L. Fann Contracting, Inc. 877 P.2d 284 Ariz. Ct. App. Div. 1 1994
- Arbitration Demand of 200 Levee Drive Associates, Ltd. v. Bor-Son Building Corp. 441 N.W.2d 560 Minn. Ct. App. 1989
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Arbitration Demand of 200 Levee Drive Associates, Ltd. v. Bor-Son Building Corp.
441 N.W.2d 560
Minn. Ct. App. 1989
Har-Mar at 156, d at 756 (emphasis added); see also Brothers Jurewicz, Inc. v. Atari, Inc., -28 (Minn.1980) (when a defense to an action to compel arbitration is not based on the underlying dispute but instead is derived from activity before the court, the court may rule).
- Preferred Financial Corp. v. Quality Homes, Inc. 439 N.W.2d 741 Minn. Ct. App. 1989
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Preferred Financial Corp. v. Quality Homes, Inc.
439 N.W.2d 741
Minn. Ct. App. 1989
See Brothers Jurewicz, Inc. v. Atari, Inc., , 428-29 n. 8 (Minn.1980).
- Millwrights Local 548, United Brotherhood of Carpenters & Joiners v. Robert J. Pugleasa Co. 419 N.W.2d 105 Minn. Ct. App. 1988
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Millwrights Local 548, United Brotherhood of Carpenters & Joiners v. Robert J. Pugleasa Co.
419 N.W.2d 105
Minn. Ct. App. 1988
The Minnesota Supreme Court has set forth an even narrower exception to the rule that laches and waiver are issues for an arbitrator, in Brothers Jurewicz, Inc. v. Atari, Inc.
- Production Credit Ass'n of Worthington v. Spring Water Dairy Farm, Inc. 392 N.W.2d 15 Minn. Ct. App. 1986
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Production Credit Ass'n of Worthington v. Spring Water Dairy Farm, Inc.
392 N.W.2d 15
Minn. Ct. App. 1986
This section “says that a party should not be precluded *18 from seeking arbitration simply because that party’s position on the dispute to be arbitrated is without merit or is not in good faith.” Brothers Jurewicz, Inc. v. Atari, Inc., , 426 n. 3 (Minn.1980).
- Fairview Cemetery Ass'n of Stillwater v. Eckberg 385 N.W.2d 812 Minn. 1986
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Fairview Cemetery Ass'n of Stillwater v. Eckberg
385 N.W.2d 812
Minn. 1986
See Brothers Jurewicz, *818 Inc. v. Atari, Inc., Har-Mar, Inc. v. Thorsen & Thor-shov, Inc., 300 Minn. 149
- City of Savage v. Varey 358 N.W.2d 102 Minn. Ct. App. 1984
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City of Savage v. Varey
358 N.W.2d 102
Minn. Ct. App. 1984
A party may waive an arbitration clause if it commences litigation over arbi-trable claims, Anderson v. Twin City Rapid Transit Co., 250 Minn. 167 , or defends such claims in a court action, Brothers Jurewicz, Inc. v. Atari, Inc.
- Mora Federation of Teachers, Local 1802 v. Independent School District 332 352 N.W.2d 489 Minn. Ct. App. 1984
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Mora Federation of Teachers, Local 1802 v. Independent School District 332
352 N.W.2d 489
Minn. Ct. App. 1984
In Brothers Jurewicz, Inc. v. Atari, Inc., -27 (Minn.1980), the Minnesota Supreme Court noted that procedural issues should generally be resolved by the arbitrator who hears the substantive issues.
- Valentine v. Conticommodity SVS, Inc. 344 N.W.2d 405 Minn. 1984
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Valentine v. Conticommodity SVS, Inc.
344 N.W.2d 405
Minn. 1984
See, e.g., The Brothers Jurewicz, Inc. v. Atari, Inc., (defendant waived its right to arbitration by answering on merits plaintiff’s complaint and by participating in that litigation without moving trial court to stay proceedings and compel arbitration).
- Minnesota Federation of Teachers, Local 331 v. Independent School District No. 361 310 N.W.2d 482 Minn. 1981
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Minnesota Federation of Teachers, Local 331 v. Independent School District No. 361
310 N.W.2d 482
Minn. 1981
In Brothers Jurewicz, Inc. v. Atari, Inc., -27 (Minn.1980), we said that the issue of whether the procedural prerequisites to arbitration have been complied with is generally to be determined by an arbitrator.