Delay in Motion to Compel Arbitration Unfairly Prejudiced Plaintiff

For more than two yearsa technology analytics company defended itself from litigation filed by a plaintiff alleging deceptive practices and unjust enrichment. In that time, the company never mentioned arbitration.  It was not until the defendant successfully transferred the case from Illinois to Texas and after the plaintiff submitted requests for production did the company file its motion to compel arbitration. The lower court granted the motion to compel arbitration which the U.S. Court of Appeals for the 5th Circuit reversed finding that the technology company had substantially invoked the judicial system and unfairly prejudiced the plaintiff. Read more about the case here.