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Third Circuit Finds Two Months of Litigation Sufficient to Waive Right to Arbitrate

By Liz Kramer on May 2, 2014
Posted in Waiver of Right to Arbitrate

In a decision this week, the Third Circuit found two related parties had waived their right to arbitrate claims.  One was no suprise — it had vigorously litigated the dispute for eleven months.  But the second may have been simply guilty by association, as it had only litigated for two months.  Supermedia v. Affordable Electric…

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Third Circuit Clarifies When Additional Discovery Must Be Allowed On Arbitrability

By Liz Kramer on June 3, 2013
Posted in Validity of Arbitration Agreement

In an opinion that feels a bit like a report from the annual meeting of arbitration nerds, the Third Circuit last week clarified when district courts must allow discovery about arbitrability.  Guidotti v. Legal Helpers Debt Resolution, LLC, ___ F.3d ___, 2013 WL 2302324 (3d Cir. May 28, 2013).  Although the standard articulated is a…

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ArbitrationNation was started by Liz Kramer in 2011. It has been repeatedly recognized as one of the best legal blogs in the nation.

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