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Riverside Publishing Co. v. Mercer Publishing LLC

Citations: 829 F. Supp. 2d 1017; 2011 U.S. Dist. LEXIS 128262; 2011 WL 5299593Docket: Case No. C11-1249RAJ

Court: District Court, W.D. Washington; November 4, 2011; Federal District Court

Narrative Opinion Summary

The court presided over by District Judge Richard A. Jones addressed motions related to a breach of a Settlement Agreement from a prior copyright infringement lawsuit. Plaintiff Riverside Publishing Company sought to compel arbitration under the agreement's clause, while Defendants Mercer Publishing LLC and individuals sought to enjoin the arbitration. The court denied Riverside's motion and granted Mercer's, citing Riverside's waiver of arbitration rights. Riverside filed a lawsuit without invoking the arbitration clause, seeking a jury trial and damages, actions inconsistent with arbitration. Although the Federal Arbitration Act favors arbitration, waiver requires a demonstration of knowledge, inconsistency, and prejudice. The court found that Riverside's litigation actions prejudiced Mercer by forcing it to incur costs defending an injunction Riverside intended to pursue in arbitration. Additionally, Riverside's injunctive relief request was inconsistent with maintaining the arbitration status quo. The court drew parallels to ConWest Resources, Inc. v. Playtime Novelties, Inc., where forum shopping and resulting prejudice were determinative. The court concluded that despite the Settlement Agreement's arbitration provision, Riverside's conduct constituted a waiver, thus enjoining arbitration and leaving Riverside's claims unresolved pending further court proceedings.

Legal Issues Addressed

Arbitration Waiver under the Federal Arbitration Act

Application: The court determined that Riverside waived its right to arbitration by engaging in litigation inconsistent with arbitration rights, including filing a lawsuit without referencing the arbitration clause and seeking a jury trial.

Reasoning: Riverside acted inconsistently with its arbitration right. Although seeking injunctive relief is not inherently incompatible with arbitration, Riverside’s actions indicated a disregard for the arbitration process, as it did not frame its lawsuit in terms of preserving arbitration.

Incompatibility of Injunctive Relief with Arbitration

Application: The court held that Riverside’s request for injunctive relief extended beyond maintaining the status quo and was inconsistent with arbitration rights, further supporting the waiver claim.

Reasoning: The injunctive relief sought was not aimed at maintaining the status quo for arbitration but rather extended until trial, further demonstrating inconsistency with its arbitration rights.

Prejudice in Determining Arbitration Waiver

Application: The court found that Mercer suffered prejudice due to Riverside's actions, which included defending against an injunction Riverside intended to replicate in arbitration, thereby incurring unnecessary expenses.

Reasoning: Mercer demonstrated prejudice despite only a minimal delay of less than two weeks between Riverside's court motion and arbitration demand. The expenses incurred by Mercer in defending the injunction, which Riverside intends to replicate in arbitration, further support this finding.