Recent Development, Jack Ehleiter v. Grapetree Shores, Inc.
By , February 8, 2012
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In Jack Ehleiter v. Grapetree Shores, Inc., the Third Circuit held that courts, not arbitrators, decide the question of arbitration waiver. This has deepened the circuit split: the First and Third Circuits have held it is a question for the courts, and the Eighth has held it is a matter to be resolved by the arbitrator.
