Media Co. Waived Right To Arbitrate Calif. Investor Suit

Law360, Los Angeles (December 19, 2013, 10:30 PM EST) -- Multimedia company CJ CGV America Holdings Inc. cannot force arbitration of shareholders’ breach of fiduciary duty claims, a California appeals court ruled Wednesday rejecting CGV’s argument that an arbitrator, and not the trial court, should decide whether it waived its arbitration rights.

In a partially published opinion, a three-judge panel affirmed L.A. Superior Court Judge Michael L. Stern’s ruling that CGV waived its contractual right to arbitration by participating in the shareholders’ suit alleging breach of fiduciary duty for six months before requesting arbitration, and by...
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