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Discovery waives mandatory arbitration clause, court holds (access required)

A nursing home waived its right to compel arbitration after it used interrogatories to seek information from the plaintiff in a negligence suit, the Court of Appeals has ruled in an unpublished decision. "If you send discovery that is not necessarily going to be available in arbitration, you cannot then turn around and seek to compel arbitration," said the plaintiff's lawyer, Sam McGee (pictured). "The defense tried to distinguish [this case] from other cases by arguing that ‘this was only one little set of interrogatories.' But there is no magic number of interrogatories."

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