Kennedy Hodges, L.L.P. v. Ventura Gobellan, Jr. and Paula Gobellan

A party waives its right to arbitration by substantially invoking the judicial process to the other party’s detriment or prejudice. Proving waiver is a high hurdle due to the strong presumption against waiver of arbitration. This appeal concerns whether a law firm waived its right to arbitrate a fee dispute with former clients by litigating with a former associate. After the associate left the firm and took several clients with him, the firm sued the former associate — -with whom it had no arbitration agreement — over client contingency fees. The firm also sued the former clients and moved to…