Moore v. Club Exploria, LLC

The Seventh Circuit considered whether a defendant in a class action lawsuit waived its right to compel arbitration of disputes with putative class members. The district court had found waiver because the defendant acted inconsistently with a desire to arbitrate prior to the certification of the class. The Seventh Circuit affirmed, finding that the district court did not commit clear error and that the district court properly considered pre-certification conduct in reaching its conclusion. (JACKSON-AKIWUMI and MALDONADO, concurring)