- (Middle District Court of Florida, Jan 23, 2025 – Judge William F. Jung (denying defendant’s claim for partial judgment on pleadings under 9 U.S.C. 4 & Fla. Stat. 682.03 since plaintiff filed suit for declaratory judgment, finding that “Falvo has not waived his right to arbitration. While Defendant is correct that Plaintiff has “answered ASIC’s Counterclaim and participated in this Court’s scheduling conference,” these actions do not rise to the level of active participation in litigation necessary to waive one’s arbitration rights, ….that is, “[T]he question whether the parties have submitted a particular dispute to arbitration, i.e., the ‘question of arbitrability’ is an issue for judicial determination 13 [u]nless the parties clearly and unmistakably provide otherwise.”)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-01412-34-8-cv