In re Cox Enterprises, Inc. Set-top Cable Television Box Antitrust Litigation (Healy v Cox Communications, Inc.)

Cox moved to compel arbitration and the district court denied the motion. The panel affirmed. It held that under circuit precedent, Cox waived its right to compel by its actions including failing to raise the issue of arbitration in its answer, efforts to fight class certification and to decertify a class, it participation in discovery and filing multiple motions and briefs. The panel noted that allowing arbitration here after two years of extensive and expensive pretrial litigation would convert arbitration from a means to quickly resolve disputes into a mechanism of delay.