Defendant Avaya Inc. appealed an order by the NJ Superior Court denying its motion to compel arbitration in a case we filed on behalf of our Client SAE. We argued that Avaya waived its right to arbitration because it (1) certified its answer under NJ Court Rule 4:5-1(b) and did not amend its certification; (2) failed to assert arbitration as an affirmative defense; (3) demanded and was served with substantial disclosures by SAE; and (4) later filed its motion to compel additional discovery from SAE in August 2012.
Further, we argued that arbitration of only some of its claims and involving only one of the defendants would violate New Jersey's entire controversy doctrine.
The New Jersey Appellate Division agreed, and affirmed the trial court's order by this decision dated March 14, 2014.
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