Time delay doesn’t hurt arbitration

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 13, 2019 3:06 PM

Ruling on an allegedly tardy motion to compel arbitration — in a case where a class-action plaintiff (Jonathan Huser) claimed waiver and the defendants (three companies that allegedly violated the Fair Debt Collection Practices Act) countered by insisting this was an issue for arbitrators — U.S. District Judge Joan B. Gottschall started by noting that U.S. Circuit Courts of Appeal are split on the who-decides question and “the [7]th Circuit has not provided consistent guidance.”Huser argued the …

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