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.
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Continue Reading U.S. Supreme Court Rejects Prejudice Element for a Claim of Waiver