The Appellate Group

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.

Read the full court opinion