Craft the opening paragraph of a motion arguing that a defendant waived its right to compel arbitration by litigating too long in court.
You are representing a plaintiff in an employment dispute. The defendant employer has been actively litigating the case against your client from January through August of this year—filing motions, submitting answers, and engaging in settlement negotiations.
Now your argument: Under the Federal Arbitration Act, if a defendant participates in court litigation long enough, wasting judicial and party resources, the court should bar the defendant from compelling arbitration—even if there is an otherwise binding arbitration agreement. This is called "waiver by conduct."
Your task: Write the first paragraph of your motion to oppose the defendant's attempt to compel arbitration. This opening paragraph should orient readers to the situation and your argument persuasively. Think about:
- Leading with your strongest framing — What is the most compelling way to describe what happened?
- Distilling the key takeaway — What is the one thing readers must walk away understanding?
- Setting the tone — Credible, professional, but firm
- Front-loading your conclusion — Don't bury it
Write your opening paragraph below:
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