In Gupta v. Trustees of the California State University, the Court looked at when comparator evidence may be used. The Court first noted that comparative evidence is “evidence that the plaintiff was treated differently from others who were similarly situated” but are outside the plaintiff’s
Defendant Can Waive Its Right To Force Arbitration Through Its Conduct, Including Delay.
In Spracher v. Paul M. Zagaris, Inc., the Court addressed whether a party waived its right to compel arbitration. The Court noted that unreasonable delay in seeking arbitration may, standing alone, constitute a waiver of a right to arbitrate. It noted that a party’s actions are inconsistent with a