Justices Question How Delay Didn't Waive Arbitration Rights

By Max Kutner (March 21, 2022, 4:47 PM EDT) -- The U.S. Supreme Court on Monday seemed skeptical of a Taco Bell franchisee's argument that it didn't forfeit its right to send an overtime case to arbitration by first litigating for months, as multiple justices questioned how a delay didn't amount to a waiver.

During oral arguments in a case regarding whether some federal circuit courts give special treatment to arbitration clauses over other contract provisions, Robyn Morgan argued that the Eighth Circuit should assess under Iowa law whether Sundance Inc. waived its arbitration rights, instead of considering whether the delay prejudiced Morgan.

The U.S. Supreme Court justices on Monday questioned...

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