On May 23, 2022, the Supreme Court unanimously held that plaintiffs need not show prejudice to succeed on a waiver defense to a motion to compel arbitration. The decision was a setback for WLF, which argued that prejudice is required when plaintiffs breach their contracts and sue in federal court.  Despite this setback, the Supreme Court’s decision once again rejected arbitration-specific rules that States like California continue to enforce. On remand, the Eighth Circuit should apply general legal principles and hold that Sundance did not waive its right to arbitration.


WLF amicus brief