THIRD CIRCUIT RULES RIGHT TO ARBITRATE WAIVED BY ACTIVELY LITIGATING CASE
In a personal injury action brought by a casino employee against the property owner in the Virgin Islands, the Third Circuit affirmed the denial of the defendant’s motion to stay the proceedings pending arbitration, pursuant to the Federal Arbitration Act. The Court of Appeal held that it had jurisdiction pursuant to section 16(a)(1)(A) of the Federal Arbitration Act, that the issue of whether a party seeking arbitration has waived its right to arbitrate by litigating the case in court remains a question for the trial court to decide, rather than an arbitrator, and that the defendant had waived any right it had to arbitrate by actively litigating the case for nearly four years before seeking to compel arbitration. Ehleiter v. Grapetree Shores, Case No. 06-2542 (3d Cir. Apr. 6, 2007).
