Richards v. Ernst & Young, LLP, No. 11-17530 (9th Cir. 2013)Annotate this Case
After 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.
The court issued a subsequent related opinion or order on December 9, 2013.