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Gabriele M. Lashly defended her clients against appeal of an order denying the plaintiffs' motion to compel arbitration of a business dispute.

Slaughter, Reagan & Cole's certified appellate specialist, Gabriele M. Lashly, successfully defended her clients against appeal of an order denying the plaintiffs' motion to compel arbitration of a business dispute. The trial court denied the plaintiffs' motion to compel arbitration and the plaintiffs appealed. The Court of Appeal confirmed the order denying arbitration finding that the plaintiffs had waived their right to arbitrate by unreasonably delaying to move for arbitration for seven months, and did not initiate mediation before commencing this action, as required under the dispute resolution provisions. The Court of Appeal found that plaintiffs participated in the litigation by filing a peremptory challenge to the judge initially assigned to the case, resulting in reassignment to another judge. They also filed an answer to defendants' cross-complaint, participated in discovery, and participated in a case management conference and trial setting conference at which a trial date was set. While undertaking these actions, plaintiffs never mentioned or requested arbitration. Thus, the plaintiffs waived their right to arbitration.