No Waiver of Arbitration Clause Even After Years of Litigation, Because Arbitration Demand, Pre-AT&T v. Concepcion, Would Have Been Futile

Chassen v. Fidelity Nat’l Financial, Inc., ___ F.3d ___ (3d Cir. 2016).  [Disclosure:  I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion].  This was a putative class action involving allegedly improper charges, ranging from $70 to $350, […]

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