Diamante, LLC v. Dye

hDiamante, LLC (Diamante) appeals an order of the Saline County Circuit Court denying its motion to compel arbitration with unnamed class members. On appeal, Diamante argues that the circuit court (1) erred in denying its motion to compel arbitration of the unnamed class members on the ground that Diamante had waived its right to arbitrate those claims; and (2) the court of appeals’s finding in the first arbitration opinion that the arbitration provision in the club’s bylaws is valid and enforceable as law of the case and therefore binding on the unnamed class members. The appellees have…