Fifth Circuit Holds Prior Waiver of Right to Arbitrate State Law Claims Does Not Waive Right to Compel Arbitration…

In protracted litigation springing from the sale of “free” credit reports that “were not really free,” the Fifth Circuit Court of Appeals held that a party’s waiver of its right to arbitrate state law claims did not result in a waiver of its right to compel arbitration of newly asserted federal law claims. In a purported class action, the plaintiff originally asserted several claims under Illinois law against One Technologies, L.P. One Tech removed to federal court and filed a motion to dismiss. After that motion was partially denied, One Tech moved to compel arbitration, which was granted by the district court but reversed on appeal, with the Fifth Circuit holding that filing of the motion to dismiss waived the right to arbitrate the state law claims…

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Arbitration Conversation No. 42: Prof. Victoria Sahani of Arizona State University

In this episode of the Arbitration Conversation Amy interviews Prof. Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law at the Sandra Day O’Connor College of Law...

By Victoria Sahani, Amy Schmitz
Category

First Monday in October: Some Arbitration-Centric Cases Worth Following

This article first appeared on the Securities Arbitration Alert Blog, here. The Supreme Court was back in session on October 3. Here are some arbitration-centric cases worth knowing about, including...

By George Friedman
Category

Analysis: Georgia Court Vacates FINRA Award on Several Bases

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based on multiple Federal Arbitration Act (“FAA”) grounds. Here is the...

By George Friedman

Find an Arbitrator