Bitton v. Healthcare Servs. Grp., Inc.

2 Citing cases

  1. Fox v. Berry

    3:20-CV-1998 (M.D. Pa. Sep. 8, 2021)

    Plaintiff asserts that “[a] district court, in weighing a motion to compel arbitration, generally reviews the motion under the same standard as summary judgment motions.” (Id.) (citing Bitton v. Healthcare Services Group Inc., 2019 WL 415570 (E.D. Pa. 2019); Kirleis v. Dickie, McCamey & Chilcote, P.C., 560 F.3d 156, 159 & n.3 (3d Cir. 2009)). Plaintiff thus states that “[a] court will compel arbitration only when there is ‘no genuine issue of fact concerning the formation of the agreement' to arbitrate, and the court ‘must consider all evidence provided by the party opposing arbitration and draw all reasonable inferences in that party's favor.

  2. Russo v. Trans Union, LLC

    CIVIL ACTION No. 19-4007 (E.D. Pa. Aug. 24, 2020)

    "Although arbitration agreements governed by the FAA are to be liberally enforced, courts will not compel arbitration when the party who seeks to arbitrate has waived its right to do so." Bitton v. Healthcare Serv. Grp, Inc., No. 17-2580, 2019 WL 415570, at *2 (E.D. Pa. Feb. 1, 2019) (internal citations omitted). "[W]aiver of the right to arbitrate based on litigation conduct remains presumptively an issue for the court to decide."