A law firm fired by clients in a personal injury case did not waive the right to arbitrate its claim to a contingent fee by pursuing a separate lawsuit against a former associate accused of poaching that and other cases when he left the firm, the Texas Supreme Court declared May 16 (Kennedy Hodges, LLP v. Gobellan, 2014 BL 137273, Tex., No. 13-0321).
A party can “waiv[e] its right to arbitration by substantially invoking the judicial process to the other party’s detriment or prejudice,” the court acknowledged. But the firm’s decision to sue its former associate—for breach of ...
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