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Motion to Compel Waivers Business Litigation

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

WilmerHale

Notable Developments In Massachusetts Law: Business Litigation Session Adopts First Circuit Standard For Subject Matter Waiver Of...

WilmerHale on

On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours of the work product doctrine in...more

Carlton Fields

Seventh Circuit Agrees Defendant Expressly Waived Right to Arbitrate by Withdrawing Arbitration Argument From Motion to Dismiss

Carlton Fields on

The Seventh Circuit affirmed a district court order that the defendant waived its right to arbitrate by withdrawing a venue-based arbitration argument from its motion to dismiss. ...more

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