During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Assuming federal law governs the issue of waiver of the right to compel arbitration in a case to which the FAA applies, this decision holds that no showing of prejudice to the party opposing arbitration is required to support a finding that the party seeking to compel arbitration has waived the right to do so by its conduct in the… Read More
Under St. Agnes Medical Center v. Pacificare of California (2003) 31 Cal.4th 1187, a court cannot hold that the defendant waived the contractual right to arbitrate solely by delayed assertion of that right, absence a showing of prejudice by the opposing party. Here, defendant waited 13 months after plaintiff filed suit to move to compel arbitration and took plaintiff's deposition… Read More
Defendant waived her right to compel arbitration by waiting for 2 years into the litigation before moving to compel arbitration. Though prejudice to the opposing party is an important factor to consider in deciding whether arbitration has been waived, waiver can be found even without a showing of prejudice. Anyway, long delay in bringing a motion to compel arbitration may… Read More
