Senior Community Operator Can’t Arbitrate Fraud Class Suit

Aegis Senior Communities LLC waited too long to compel arbitration of a fraud class action brought by residents, the Ninth Circuit affirmed July 24.

Aegis didn’t move to compel arbitration until after it had received an adverse ruling on its motion to dismiss, Judge Sandra S. Ikuta wrote for the U.S. Court of Appeals for the Ninth Circuit.

“Aegis knew of its right to compel arbitration, but made an intentional decision not to compel arbitration in order to take advantage of the judicial forum,” the court said. The plaintiffs incurred costs as a result, so Aegis waived its right to ...