First Circuit Uses Its Thesaurus and Denies Motion to Compel Arbitration
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In Joca-Roca Real Estate, LLC v. Brennan, the First Circuit affirmed the District Court’s denial of plaintiff’s motion to compel arbitration after nine months of discovery, which involved 16 depositions and four telephone conferences with the District Court Judge to settle discovery disputes. As the learned court put it, plaintiff provided no explanation for its cunctation. The District Court denied to motion to compel arbitration, holding that plaintiff had waived its right to arbitrate. The First Circuit affirmed.
The First Circuit began its analysis with the standard for a finding of implied waiver by conduct:
In determining whether a conduct-based waiver has occurred, we ask whether there has been an undue delay in the assertion of arbitral rights and whether, if arbitration supplanted litigation, the other party would suffer unfair prejudice.
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