Federal Judge: Builder Can’t Compel Arbitration After Using ‘Litigation Machinery’

Mealey's (July 21, 2022, 7:14 AM EDT) -- ASHEVILLE, N.C. — A federal judge in North Carolina on July 14 denied a homebuilder’s motion to dismiss a homeowning couple’s faulty construction counterclaims and to compel arbitration after finding that the builder waived its right to arbitration by using the court’s “litigation machinery” to such an extent that compelling arbitration would prejudice the couple, who started a website describing the company’s business practices....

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