Amended Complaint Revived Right to Compel Arbitration, 11th Cir. Rules

ATLANTA - A bank did not waive its right to seek arbitration of a proposed class action by participating in the litigation for nine months because the plaintiff's filing of an amended complaint revived the bank's right to compel arbitration, a federal appeals court has ruled. Krinsk v. SunTrust Bank, No. 10-1192 (11th Cir.).

On Sept. 7, the 11th Circuit U.S. Court of Appeals noted that the amended complaint greatly broadened the potential scope of the litigation by significantly expanding the proposed class of plaintiffs, thereby altering the shape of the case.

In December 2006, Sara Krinsk obtained a home …