Bland v. Green Acres Group, L.L.C.

I certainly agree that a contract right to arbitrate can be waived. But if I am no fan of arbitration — at least not as it is *826sometimes imposed in consumer transactions — I am concerned that the majority’s decision waiving arbitration marks a serious and substantial departure from the statutory policy of enforcing arbitration agreements in the same way contracts are generally enforced. In my opinion, it is most casual in its unprecedented extension of the grounds on which contract rights to arbitrate may be deemed waived. And the grounds said to support the waiver conflict with clear…