Waiver not a gateway for arbitrator

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 29, 2021 11:35 AM

Whitepages Inc. requested arbitration shortly after U.S. District Judge Gary Feinerman denied its motion for summary judgment in a class action that alleged its online marketing practices violated the Illinois Right of Privacy Act. And when the named plaintiff, Stephanie Lukis, unsurprisingly argued waiver based on Whitepage’s participation in the litigation, the company insisted the dispute about waiver was a gateway question for the arbitrator, because the alleged arbitration agreement said the arbitrator “will decide …

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