In re: Cox Enterprises, No. 14-6158 (10th Cir. 2015)
Annotate this CaseCox Enterprises was the defendant in a class-action antitrust suit. Shortly before trial was set to begin, Cox moved to arbitration. Cox' request came after considerable discovery, potentially dispositive motions, and a petition to the Tenth Circuit. The district court determined that Cox’s assertion of its right to arbitrate was "overly late" and inconsistent with its conduct in litigating the case, and thus held that Cox had waived its right to compel arbitration. After applying the six factors outlined by the Tenth Circuit in "Peterson v. Shearson/Am. Express, Inc.," (849 F.2d 464 (10th Cir. 1988)) for determining whether a party has waived its right to compel arbitration, the Court concluded that Cox did waive its right to compel arbitration. Accordingly, the Court affirmed the district court's decision.
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