“Implicit Waiver of The Right to Arbitrate by Litigation – A Massachusetts District Court Addresses The Factors”

John Lewis of Baker & Hostetler offers his take on the Massachusetts District Court’s decision in In re: Intuniv Antitrust Litigation, in this article published by Lexology. Explaining that “[i]mportant arbitration and waiver issues emerged from this antitrust class action environment,” Mr. Lewis reviews in particular the court’s “careful analysis of the waiver factors, based on First Circuit decisions,” noting that the opinion “is instructive for potential litigants,” while acknowledging the varying waiver tests applied by courts in the federal circuits.