Ocwen Loan Servicing, LLC v. Washington

I concur in Part III.A. and Part III.B.1. of the main opinion, but I dissent from Part III.B.2. and therefore from the judgment.

As the main opinion notes, where there is doubt as to whether a party has waived its right to arbitration, that doubt should be resolved in favor of arbitration, and there is a "heavy burden" on the party asserting waiver. Because "arbitration is a matter of contract," United Steelworkersof America v. Warrior Gulf Navigation Co.,363 U.S. 574, 582, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960), this Court applies ordinary state-law principles concerning contracts when…