The Ninth Circuit concludes today that the defendant waived its right to arbitrate. And it's exactly right. This is, indeed, a pretty classic -- and easy -- example of how to waive your rights.
It'd almost be enough itself to mention that the defendant litigated the case in federal court for seventeen months before moving to compel arbitration. But, as the opinion reflects, there's even more than that.
If you want to cheaply and easily arbitrate -- or, as here, to use arbitration to stop a class action -- then you need to do so quickly. Otherwise it ain't so cheap and easy.
And definitely not as effective.