Jones v. Singing River Health Services Foundation

EDITH H. JONES, Circuit Judge: *

This appeal arises out of the litigation surrounding shortfalls in the Singing River Health System (SRHS) pension plan (the Plan) and KPMG’s role as auditor of that plan. On appeal, KPMG asserts that the gateway issue of arbitrability must itself be submitted to an arbitrator and the district court erred in failing to compel the Lowe class to arbitrate its claims. Because KPMG waived the first issue and fails to show how Lowe must necessarily rely on the contract to which she wasn’t a party in order to make her case, we AFFIRM.

BACKGROUND

KPMG audited the annual…