Split 8th Circuit Rules Litigation Strategy Not A Waiver Of Right To Arbitrate

Mealey's ( April 14, 2021, 8:02 AM EDT) -- ST. LOUIS — A split Eighth Circuit U.S. Court of Appeals panel on March 30 reversed a district court’s denial of a motion to compel arbitration, ruling in a 2-1 decision that a corporation’s litigation strategy did not waive its right to arbitrate with a former employee who alleged that a franchise violated the Fair Labor Standards Act (FLSA) by failing to pay overtime....