The U.S. Court of Appeals for the Tenth Circuit made it clear that it didn’t appreciate the tactics of Cox Communications Inc. and its lawyers in an antitrust class action against the cable television giant. On Wednesday the court held that the company couldn’t force a group of cable subscribers to arbitrate their claims because it waited too long to raise this arbitration argument.
Judge Carlos Lucero, writing for a unanimous panel, said that Cox’s belated attempt to move the bulk of the class claims to arbitration—after the court had already granted class certifcation—was an affront to the integrity of the judical process. “Nothing in the [Federal Arbitration Act] requires a district court to idly stand by while a party misleads that court through its material omissions and delays and needlessly extends the litigation process through a willful attempt to play ‘hide the ball,’” he wrote.
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