5th Circuit: Company in Class Action Waived Right to Arbitrate Because of Litigation Conduct
The standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the circuits or easily applied writes John Lewis in BakerHostetler’s Employment Class Action Blog.
He discusses the recent Fifth Circuit opinion in Forby v. One Technologies, L.P., which illustrates the difficulty of applying the “prejudice” requirement in a consumer fraud and unjust enrichment class action.
In reversing a district court ruling, the appellate court highlighted some analytical problems that apply equally in the employment law context.
