Missouri Court of Appeals, Western District / Dec 12, 2023
GFS, II, LLC vs. Janelle Carson
GFS, II, LLC (Gateway) sued Janelle Carson for defaulting on a car loan, and Carson counterclaimed alleging violations related to a defective vehicle and an extended warranty. After two years of litigation, Gateway moved to compel arbitration, which the circuit court denied, finding Gateway had waived its right. The appellate court affirmed, holding that waiver-by-litigation claims are for the court to decide, not an arbitrator, and that Gateway's substantial participation in discovery and litigation, including requesting a jury trial, constituted a waiver of its right to arbitrate.