Johnson v. Key Bank Nat'l Assoc., No. 13-14244 (11th Cir. 2014)
Annotate this CasePlaintiff filed suit against KeyBank for overcharging in overdraft fees. At issue was whether KeyBank waived enforcement of the delegation clause. The court concluded that circuit precedent compelled the conclusion that KeyBank waived enforcement of the delegation clause. KeyBank waived its delegation clause argument when it waited to raise the issue until it had asked the district court to decide arbitrability - and lost. Accordingly, the court vacated the district court's order compelling arbitration on the threshold question of arbitrability and remanded for further proceedings.
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