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 right to arbitrate where the party has filed multiple rounds of demurrers, propounded extensive discovery, filed a lengthy and complicated summary judgment motion, and litigated the case in court for nearly two years. Thus, a plaintiff must analyze the facts of each case before asserting defendants waived their rights to arbitrate.

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