Plaintiff filed a lawsuit against defendants for fraud, breach of warranty, and products liability for alleged defects to a city-owned convention center’s exterior walls. After filing the initial lawsuit, plaintiff added a subcontractor as an additional defendant and, eight months after adding the subcontractor, plaintiff informed the district court it wanted to arbitrate its dispute with the subcontractor. The district court denied plaintiff's motion for arbitration and plaintiff appealed. The Seventh Circuit affirmed, finding that the district court did not commit clear error in concluding that the plaintiff waived whatever right it possessed to arbitrate its dispute with the subcontractor when it filed the lawsuit without asserting that right. (ST. EVE and PRYOR, concurring)
Federal 7th Circuit Court
Civil Court
Arbitration