Litigation & Arbitration,
California Supreme Court
Nov. 10, 2022
Goodbye Saint Agnes?
High Court revisits precedent requiring prejudice to show arbitration waiver
Michael S. McCauley
Partner
Jones Day (Los Angeles)
Represents clients in complex construction disputes, including at trial and in arbitrations
Daniel D. McMillan
Partner
Jones Day (Los Angeles)
Co-Leader of the Jones Day Global Construction Practice with a focus on Construction Domestic and International Arbitrations
Email: ddmcmillan@jonesday.com
Loyola Law School; Los Angeles CA
Dan's practice focuses on complex commercial, business, and construction litigation. As co-chair of the Firm's global construction practice, he represents owners, design professionals, and contractors in large construction disputes and in negotiating and drafting the full panoply of contracts for large projects.
Eric C. Tung
Partner
Jones Day (Los Angeles)
Appeals and Motions Practice in Commercial Litigation
The California Supreme Court will soon decide a significant legal question for determining when a right to arbitration has been waived through participation in litigation.
In Quach v. Commerce Club, 78 Cal. App. 5th 470 (2022), the California Court of Appeal held that a defendant did not waive its right to arbitrate by litigating for thirteen months before moving to compel arbitration, in part, because the plaintiff did not establi...
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