Richards v. Ernst & Young, LLP, No. 11-17530 (9th Cir. 2013)
Annotate this CaseAfter the Supreme Court issued its decision in AT&T Mobility LLC v. Concepcion, Ernst & Young filed a motion to compel arbitration of state wage and hour claims asserted by its former employee. The district court denied the motion, concluding that Ernst & Young had waived its right to arbitration by failing to assert that right as a defense in an action brought by two other former employees. The court reversed, concluding that plaintiff had not established any prejudice as a result of Ernst & Young's alleged delay in asserting its arbitral rights.
Court Description: Arbitration. The panel reversed the district court’s denial of Ernst & Young, LLP’s motion to compel arbitration of state wage and hour claims asserted by the former employee plaintiff. The district court determined that Ernst & Young had waived its right to arbitration by failing to assert that right as a defense in an action brought by two former employees, whose action had been consolidated with that of the plaintiff. The panel reversed the district court’s judgment because the plaintiff had not established any prejudice as a result of Ernst & Yong’s alleged delay in asserting its arbitral rights.
The court issued a subsequent related opinion or order on December 9, 2013.
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