Arbitration under Federal Arbitration Act voluntarily waived

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted March 30, 2020 4:36 PM

Today’s case involves an unusual issue under the Federal Arbitration Act regarding if and when arbitration can be waived.The issue presented to the 7th U.S. Circuit Court of Appeals was this: Did a party asserting a right to arbitration in its motion to dismiss, but withdrawing it when the opposing party threatened sanctions for a “frivolous claim” voluntarily waive its right to arbitration, despite asking the court to compel such?In Brickstructures Inc. v. Coaster Dynamix Inc., 2020 WL 1164270 (7th Cir …

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