“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
By EsqSocial Corporation 20/12/24
In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was “prejudice” to the party resisting arbitration....
By: Ervin Cohen & Jessup LLP