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. Plaintiffs argue that this practice violated the terms of their rental agreements and forms the basis of their breach of contract claims.
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