Cabinetree of Wisconsin v. Kraftmaid
United States Court of Appeals for the Seventh Circuit
50 F.3d 388 (1995)
- Written by Melissa Hammond, JD
Facts
Cabinetree of Wisconsin (Cabinetree) (plaintiff) contracted with Kraftmaid (defendant) to become a franchised distributor of Kraftmaid kitchen and bath cabinets. Cabinetree brought a breach-of-contract action against Kraftmaid in Wisconsin state court, alleging that Kraftmaid had terminated the franchise in violation of Wisconsin law and the Wisconsin Fair Dealership Law. Within 30 days, Kraftmaid removed the action to a federal district court in Wisconsin. In January of 1994, the district court set a trial date for December 6, 1994, and discovery began. Cabinetree produced thousands of documents in response to Kraftmaid’s requests, but Kraftmaid was slow to respond to Cabinetree’s demands. Then, in July 1994, Kraftmaid moved to stay further proceedings pending arbitration in Cleveland, Ohio, as provided in the franchise agreement. The district court found that Kraftmaid had waived arbitration and denied the motion. Kraftmaid appealed.
Rule of Law
Issue
Holding and Reasoning (Posner, C.J.)
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