George Moore v. Club Exploria, LLC

Summary

The court affirmed the denial of Exploria’s motion to compel arbitration, holding that pre-certification conduct may be considered when deciding whether a defendant waived arbitration rights concerning putative class members. It clarified that legal issues establishing rules for future cases receive de novo review, while the ultimate, fact-bound waiver determination receives clear-error review. The court found no clear error in concluding that Exploria waived arbitration through years of merits litigation, class-related discovery, and delayed assertion of arbitration.