Whether the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violates the Supreme Court’s instruction in AT&T Mobility LLC v. Concepcion that lower courts must “place arbitration agreements on an equal footing with other contracts.”
February 11, 2022
The Restaurant Law Center filed an amicus curiae brief in support of the respondent, Sundance, Inc.
May 23, 2022
The U.S. Supreme Court held that allowing a party to request arbitration, after spending months in litigation, is not dependent on whether the delay prejudiced the other party. The U.S. Supreme Court sent the case back to the Eighth Circuit to decide again, without the prejudice requirement test that it applied, whether the Defendant had waived its right to arbitration.