NEVADA GOLD & CASINOS v. AMERICAN HERITAGE

No. 40757.

110 P.3d 481 (2005)

NEVADA GOLD & CASINOS, INC., a Corporation; and Route 66 Casinos, LLC, a Limited Liability Company, Appellants, v. AMERICAN HERITAGE, INC., d/b/a The Gillmann Group, a Corporation; and Fred Gillmann, an Individual, Respondents.

Supreme Court of Nevada.

April 28, 2005.


Attorney(s) appearing for the Case

Lionel Sawyer & Collins and Rodney M. Jean, Las Vegas; J. Mark Brewer, Houston, Texas, for Appellants.

Lemons Grundy & Eisenberg and Robert L. Eisenberg, Reno; Schreck Brignone Godfrey and Todd L. Bice and Rebecca S. Levine, Las Vegas, for Respondents.

Before ROSE, GIBBONS and HARDESTY, JJ.


OPINION

PER CURIAM.

In this appeal from a district court order denying appellants' motion to compel arbitration, we consider whether appellants have waived any right to demand arbitration by vigorously litigating the dispute in a Texas court. Applying an analytical framework crafted by the Eighth Circuit Court of Appeals, we conclude that appellants, knowing of their arbitration right, have acted inconsistently with an intent to arbitrate, and that...

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