ARBITRATION-WAIVER

White v. Samsung Elecs. Am., Inc., 2023 U.S. App. LEXIS 5398 (3rd Cir. March 7, 2023) (Arleo, D.J.). This case from the Third Circuit indicates that Samsung waived the right to arbitration in this consumer class action, because it litigated for a long time and then decided it wanted to assert its arbitration provision score. The court said that under the existing case law, once a party litigates, they cannot then turn around and assert an arbitration provision. The case relied upon is Morgan v. Sundance, Inc., 142 S. Ct. at 1712. Waiver occurs where a party intentionally relinquishes or abandons a known right. Samsung’s litigation actions evince the preference for litigation over arbitration. Waiver was found.