Forby v. One Technologies, LP, No. 20-10088 (5th Cir. 2021)Annotate this Case
The Fifth Circuit previously ruled that One Tech waived its right to arbitrate plaintiffs' state law claims in a class action alleging that One Tech duped consumers into signing for "free" credit reports that were not really free. Here, the court considered whether One Tech also waived its right to arbitrate federal claims added after remand. The court followed its precedent holding that waivers of arbitral rights are evaluated on a claim-by-claim basis and held that One Tech did not waive its right to arbitrate the new federal claims. The court concluded that the district court erred in holding otherwise. Accordingly, the court reversed and remanded.