Vivint Solar Inc. v. Lundberg
Vivint Solar Inc. v. Lundberg, 2025 UT App 102 (Luthy, J.)
Contract/Civil Procedure
The Utah Court of Appeals held:
- The district court properly found that Plaintiff had waived contractual right to arbitrate attorney malpractice claims.
- Practice tip: Prior litigation of claims not subject to a contractual mandatory arbitration provision but intertwined with later claims that are subject to mandatory arbitration may qualify as underlying litigation for purposes of waiving arbitration.