Herculean Metaphors, Other Peculiarities Of Heller V. Ace

Law360, New York (January 7, 2014, 3:09 PM EST) -- Does a party waive its right to demand appraisal if it states in open court, “We don’t like appraisal,” simultaneously opposes a motion to compel appraisal in a companion case with nearly identical facts, attempts a unilateral “stealth appraisal,” and delays demanding appraisal until nearly a year after litigation?

According to Judge Micaela Alvarez of the Southern District of Texas, not even those facts warrant a finding of waiver. This recent opinion regarding appraisal can be found at Heller v. Ace European Group, No. 7:12 –...
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