United States Fourth Circuit

Where a litigant claims that another party has waived its right to arbitrate by aggressively litigating in court, she must show actual prejudice, and the opposing party's actions in separate and distinct lawsuits will not suffice for that showing.

Appellate Information

• Argued 06/04/2001
• Decided 09/27/2001
• Published 09/27/2001

Judges

• Before WIDENER, TRAXLER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel Meron, Sidley & Austin, Washington, DC, for Appellant.  Claude David Convisser, Law Office of Claude D. Convisser, Alexandria, VA, for Appellee.  John Foster Suhre, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.   ON BRIEF:  Carter G. Phillips, Amanda L. Tyler, Sidley & Austin, Washington, DC, for Appellant.  Gwendolyn Young Reams, Associate General, Philip B. Sklover, Associate General, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.