Arbitrator Must Decide Whether Defendant Waived Arbitration, Mass. Federal Judge Rules

BOSTON — A Massachusetts federal judge has compelled arbitration of a dispute arising from a financial services agreement, ruling that an arbitrator must determine whether the defendant waived its right to arbitration through its non-litigation conduct.

In a July 16 order, Judge George A. O’Toole Jr. of the U.S. District Court for the District of Massachusetts held that the defendant did not waive its right to demand arbitration through its litigation conduct, noting that it did not initiate the litigation and immediately moved to compel arbitration once the action was filed.

In 2012, Trustivo LLC and Anthem Inc. f/k/a Wellpoint …