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In a case on appeal from a district court's finding of waiver, the Second Circuit Court of Appeals remanded the case for reconsideration because the record was devoid of facts necessary to support the finding.
In Arbercheski v. Oracle Corp., No. 06-3472-CV, 2007 WL 841566 (2nd Cir. Mar. 19, 2007), Arbercheski sued Oracle, her former employer, for alleged discrimination. The district court denied Oracle's motion to compel arbitration because it found that Oracle took actions constituting a waiver of its right to arbitrate.
On appeal, the Court directed the district court to reconsider the motion to compel arbitration because certain questions necessary to the waiver determination were left unanswered. Specifically, the Court instructed the district court to determine "whether the case was in fact ready for trial when the motion to compel arbitration was made; the precise nature and extent of the prejudice to the plaintiff implicated by the delay; and the extent, if any, to which [Arbercheski's] pro se status was a factor in the determination of prejudice."
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