Michael Newell v. Markel Corporation & a.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “litigation activity aimed at obtaining a favorable ruling on the merits of the case” waives a party’s right to invoke arbitration
• holding arbitration agreement unenforceable 21 because the employer engaged in coercive tactics and gave false information to its employees
• finding waiver when the defendant “employed judicial proceedings to pursue a litigation strategy for over three years,” “filed multiple motions 3 for summary judgment, [and] served discovery . . .”
• affirming denial of enforcement for arbitration agreements obtained by misleading information
• the “[written consent to join an FLSA class] has come to be known as the ‘opt-in’ requirement.”
• company began entering into arbitration agreements more than a year after action began and the agreements presented a false picture of potential plaintiffs' legal posture

Source: CourtListener parenthetical corpus (CC0).