Gordon Schuster v. Prestige Senior Management LLC

¶1

Put more succinctly, at some point a party seeking to enforce an arbitration agreement must use it or lose it. Nino v. Jewelry Exch., Inc., 609 F.3d 191, 212 n.10 (3d Cir. 2010).

¶2 We address under what circumstances a party waives the right to compel arbitration, pursuant to contract, by engaging in court litigation. In answering this question, we apply federal law. The trial court held that appellants waived this right by lengthy litigation conduct. We agree and affirm the trial court’s denial of the defense’s motion to compel arbitration.

FACTS

¶3 We first introduce the parties. The…