Tuesday, April 26, 2016

You Can't Waive Right To Arbitrate Claims Not Yet Asserted!

I know that sounds pretty exciting, but it really only helps corporate defendants (little other real-life context):
As in Dickinson, J&G did not waive the right to arbitrate the state law claims raised in the second amended complaint because those claims were not in the case when it waived by litigation the right to arbitrate the FLSA claim.  If anything, this case is even more clear-cut than Dickinson because the initial complaint in that case arguably raised a state law claim, see id. at 640, while Collado’s first amended complaint clearly did not.
In other news, lawyers have diverse niche practices nowadays!

Happy Tuesday, plebes!

1 comment:

Anonymous said...

Arbitration sucks.