Case Citator › S & H Contractors, Inc. v. A.J. Taft Coal Co.

S & H Contractors, Inc. v. A.J. Taft Coal Co.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eleventh Circuit
Citation
906 F.2d 1507
Decided
Confirmed treatments
1
Flagged citations read
27 of 27
Citing cases (total)
27
Treatment dates
2022
Abrogated
A reviewed court treats this case as abrogated by later authority. S & H Contractors, Inc. v. A.J. Taft Coal Co.'s requirement that a party show prejudice to establish waiver of arbitration has been abrogated.
More on how this was screened

In Morgan v. Sundance, Inc., the Supreme Court rejected that requirement as an improper rule favoring arbitration. S & H's separate ruling on Alabama's forum-closing statute and its use of inconsistent litigation conduct in assessing waiver were not displaced by Morgan. All 27 flagged citations have been read. The confirmed federal treatment is listed below; a Florida court's choice of its own law is also noted.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

27 later cases cite S & H Contractors, Inc. v. A.J. Taft Coal Co.; 27 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on S & H Contractors, Inc. v. A.J. Taft Coal Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected the prejudice requirement S & H applied to waiver of arbitration.

    Morgan v. Sundance, Inc. · Supreme Court of the United States · filed

    Nine circuits, including the Eighth, have invoked “the strong federal policy favoring arbitration” in support of an arbitration-specific waiver rule demanding a showing of prejudice. ... S & H Contractors, Inc. v. A. J. Taft Coal Co., 906 F. 2d 1507, 1514 (CA11 1990); ... They cannot. For that reason, the Eighth Circuit was wrong to condition a waiver of the right to arbitrate on a showing of prejudice.
    Read the full opinion on CourtListener →

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