October 2016
A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early opportunity. Otherwise, the risk remains that the provision will not be enforced and the right to compel arbitration may be lost.

In the case, In re Checking Account Overdraft Litigation, 09-MD-02036-JLK, the court held that the defendant bank could not force unnamed class members’ claims into arbitration. The court concluded that the bank had litigated the matters for several years, resulting in the expenditure of substantial court resources and the parties’ time and money. Thus, ordering the classes to arbitrate would be prejudicial.

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