Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration
E-Discovery LLC
FEBRUARY 14, 2025
13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Defendants cited a contractual arbitration provision that mandated individual arbitration proceedings. The lawsuit was filed on September 9, 2022.
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