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202181P.pdf 09/17/2021 Debbie McCoy v. Walmart, Inc.
U.S. Court of Appeals Case No: 20-2181
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Wollman, Circuit
Judge]
Civil case Civil procedure. Defendant waived its right of arbitration in
this purported class action of disgruntled gift card purchasers by
substantially invoking the litigation machinery and acting inconsistently
with its right arbitrate; additionally, the delay in invoking arbitration
prejudiced plaintiff and would likely result in a duplication of efforts.