KRINSK v. SUNTRUST BANKS, INC.

No. 10-11912.

654 F.3d 1194 (2011)

Sara E. KRINSK, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. SUNTRUST BANKS, INC., et al., Defendants, SunTrust Bank, a Georgia Banking Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 7, 2011.


Attorney(s) appearing for the Case

Mark L. Knutson , Jeffrey R. Krinsk , Finkelstein & Krinsk, LLP, San Diego, CA, James A. Wardell , Wardell & Quezon, PA, Tampa, FL, for Plaintiff-Appellee.

David Stockton Hendrix , Gray Robinson , Tampa, FL, for Defendant-Appellant.

Before TJOFLAT, CARNES and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

Defendant SunTrust Bank ("SunTrust") appeals the district court's order denying its motion to compel plaintiff Sara Krinsk to submit her claims to arbitration pursuant to an arbitration agreement governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. The district court held that SunTrust had, by participating in the litigation for nine months prior to requesting that the case be submitted to arbitration, waived its...

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