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Appeals Court Hears Dispute Over Assignment, Substitution and Arbitration in Peterson v. Crystal Clear
Summary
The court considered whether a written assignment made Mary Peterson the real party in interest and whether defendants waived a contractual arbitration right through litigation conduct including delay, discovery disputes and bankruptcy; appellees argued substitution was discretionary and the notice of appeal may be defective.
In Peterson v. Crystal Clear Sewer and Drain, the Appeals Court reviewed arguments about standing, substitution, and whether defendants preserved a right to compel arbitration.
Appellant counsel Seth Salinger argued a written assignment from the decedent plaintiff made Mary Peterson the real party in interest under Rule 17, and that the trial court erred by refusing substitution. Salinger…
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