United States First Circuit

The Court affirmed the district court's denial of defendant's motion to dismiss plaintiff's class action involving those employees who were subject to arbitration, reasoning that defendant had waived any rights it may have had to arbitration by not timely asserting such a right.

Appellate Information

• Decided 07/16/2004
• Published 07/16/2004

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Dougherty, with whom Kara E. Fay, Michael D. Blanchard, Skadden, Arps, Slate, Meagher & Flom LLP, William P. Frank, Seth M. Schwartz, and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief, for appellant.


• For Appellees:
  
• Nicholas J. Walsh, with whom Michael A. Collora, David A. Bunis and Dwyer & Collora, LLP, were on brief, for appellees.