U.S. Supreme Court,
Litigation & Arbitration,
California Supreme Court
Jun. 10, 2022
The United States and California Supreme Courts are not on the same page
Now, the California rule rests on a shaky frame: The leading California case, St. Agnes, extols the United States Supreme Court's reliance on prejudice for determining whether there has been a waiver. And now the United States Supreme Court has rejected the prejudice analysis referenced in St. Agnes. So it is termites all the way down.
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
In a unanimous United States Supreme Court opinion authored by Justice Elena Kagan, the court addressed the issue of when the right to arbitrate is waived. Morgan v. Sundance, U.S.May 23, 2022--- S.Ct. ----. The court held prejudice is not a condition for finding a party, by litigating too long, waived its right to stay litigation or compel arbitration under the Federal Arbitration Act. California courts, however, consider a finding the party resisting arbitra...
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