Editor's Note :

Editor's Note :

We are expecting one or more decisions in argued cases tomorrow at 10 a.m. We will be live-blogging the opinion(s) as they are released. However, there is no live blog of tomorrow’s oral argument in King v. Burwell. We will have coverage of that argument as soon as possible after it is finished; the transcript should be available tomorrow afternoon, and the audio will be available on Friday.
Wednesday's live blog will be available here.

Stok & Associates v. Citibank

Case dismissed, pursuant to Rule 46, on June 2, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-514 11th Cir. Not Argued Jun 2, 2011 TBD TBD OT 2010

Issue: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable?

Plain English Issue: Under the Federal Arbitration Act, federal courts may not litigate claims that the parties have agreed to arbitrate. However, a party can waive its right to enforce the arbitration agreement proceeding with litigation and not invoking the arbitration clause as a defense. Can this kind of waiver can be found when a defendant initially proceeds to litigate a case in court, but then later tries to invoke the arbitration agreement, if the delay in asking for arbitration did not do any harm to the plaintiff.

Judgment: Dismissed under Rule 46. on June 2, 2011.

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