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Peter Walrod is an Associate in Vedder Price’s San Francisco office and a member of the firm’s Litigation and Labor & Employment groups.

Mr. Walrod’s experience includes serving as a judicial extern at the U.S. Department of Labor, Office of Administrative Law Judges and as an intern at the U.S. Department of Labor, Wage and Hour Division.

Is the right to compel arbitration waived only when the plaintiff can show prejudice from the defendant’s inconsistent actions and delay?  In Morgan v. Sundance, Inc., No. 21-328 (2022), the Supreme Court found that the Federal Arbitration Act (“FAA”) does not permit courts to create tests to favor arbitration over litigation, and that a showing of prejudice is not required for a claim of waiver.
Continue Reading U.S. Supreme Court Rejects Prejudice Element for a Claim of Waiver