Jane Parkin v. Avis Rent a Car System LLC

Summary

The court held that the defendants did not impliedly waive their reserved right to compel arbitration by litigating through discovery before moving to compel. Because the complaint did not establish arbitrability and factual development was needed to determine whether the plaintiffs knew of the arbitration provision, the defendants' litigation conduct was not sufficiently inconsistent with an intent to arbitrate. The court vacated the denial of arbitration and remanded for consideration of the remaining arguments supporting the motion to compel.