Estate Of Dr. Michael Romney v. Franciscan Medical Group

Trickey, A.C.J.

¶1 Michael Romney and several other medical professionals (collectively Romney) 1 sued their former employer, Franciscan Medical Group (FMG), individually and on behalf of a putative class. In the first appeal in this case, Romney argued that the arbitration agreements the employees had signed were unconscionable. We disagreed. On remand, the superior court granted FMG’s motion to compel individual arbitration rather than class arbitration.

¶2 Romney argues in this second appeal that FMG waived its right to compel individual arbitration. Because FMG’s conduct in the superior…