Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

Stok & Associates v. Citibank

Case dismissed, pursuant to Rule 46, on June 2, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-514 11th Cir. Not Argued Jun 2, 2011 TBD TBD OT 2010

Issue: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable?

Plain English Issue: Under the Federal Arbitration Act, federal courts may not litigate claims that the parties have agreed to arbitrate. However, a party can waive its right to enforce the arbitration agreement proceeding with litigation and not invoking the arbitration clause as a defense. Can this kind of waiver can be found when a defendant initially proceeds to litigate a case in court, but then later tries to invoke the arbitration agreement, if the delay in asking for arbitration did not do any harm to the plaintiff.

Judgment: Dismissed under Rule 46. on June 2, 2011.

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