Healy v. Cox Communications, Inc.

LUCERO, Circuit Judge.

Cox Enterprises (“Cox”) is currently the defendant in a class-action antitrust suit. Shortly before trial was set to begin — and after extensive discovery, class certification, potentially dispositive motions, and a petition to this circuit — Cox moved to compel arbitration. The district court determined that Cox’s assertion of its right to arbitrate was overly late and inconsistent with its conduct in litigating the case, and thus held that Cox waived its right to compel arbitration.

Our circuit has a well-established procedure for determining whether a party has waived…