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IVAX CORP. v. B. BRAUN OF AMERICA, INC.

No. 01-11565.

286 F.3d 1309 (2002)

IVAX CORPORATION, Plaintiff-Appellee, v. B. BRAUN OF AMERICA, INC., B. Braun Medical, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 29, 2002.

Attorney(s) appearing for the Case

Kenneth Winston Starr, Kirkland & Ellis, Washington, DC, for Defendants-Appellants.

Eugene E. Stearns, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson PA, Miami, FL, Alan N. Salpeter, Jeffrey W. Sarles, Stephen Michael Shapiro, Mayer, Brown, Rowe & Maw, Chicago, IL, for Plaintiff-Appellee.

Before TJOFLAT, CARNES and REAVLEY, Circuit Judges.

TJOFLAT, Circuit Judge:

B. Braun of America, Inc. ("BOA"), and B. Braun Medical Inc. ("BMI"), (collectively, "Braun")1 appeal the district court's denial of a petition to compel arbitration and accompanying motion for a stay pending arbitration. We conclude that the district court erred in finding that Braun had waived its right to arbitration, and, because we hold that the dispute between Braun and the appellee, Ivax Corporation ("Ivax...

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