Quote:
Originally Posted by Irespectwomen
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"The Ninth Circuit’s current position is that a party asserting waiver of arbitration
must demonstrate: (1) knowledge of an existing right to compel arbitration and (2)
intentional acts inconsistent with that existing right"
It's easily beaten in this case because THJ did not shut down for the initial injunction request. It's not necessarily in DBG's favor to do that though unless THJ didn't keep enough cash to satiate a settlement. They're going to bring in as many people as they can and see what kind of payout they can get.
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I thought this was one heckuva sentence.
Quote:
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the misuse of intellectual property rights does not undermine the Parties’ “clear and unmistakable” intent to delegate whether to arbitrate arbitrability to an arbitrator via incorporation of the AAA Rules.
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