Seyfarth Synopsis: The Ninth Circuit held that an employee who initially pursued claims in arbitration could later elect to proceed in court after discovery revealed a claim covered by the Ending Forced Arbitration Act (“EFAA”). The court also concluded that the employee had not waived that right and could litigate her entire case, including otherwise arbitrable claims, in court.
Continue Reading Arbitration Is Not Always the Last Stop: Ninth Circuit Allows Employee to Change Forums After Discovering a Claim Covered by the EFAA