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McCOY v. WALMART, INC.

No. 20-2181.

13 F.4th 702 (2021)

Debbie MCCOY, Plaintiff-Appellee v. WALMART, INC.; Walmart Stores East, L.P.; Walmart Stores Arkansas, LLC, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2021.

Attorney(s) appearing for the Case

Nickolas W. Allen , Douglas & Haun, Springfield, MO, Donald M. Brown , Craig Richard Heidemann , Douglas & Haun, Bolivar, MO, for Plaintiff-Appellee.

Mira E. Baylson , Michael W. McTigue, Jr. , Meredith C. Slawe , Cozen & O'Connor, Philadelphia, PA, James F. Bennett , Elizabeth C. Carver , Gabriel E. Gore , Sheena Hamilton , Dowd & Bennett, Saint Louis, MO, Tina Gardner Fowler , Ellis & Ellis, Springfield, MO, for Defendants-Appellants.

Before SMITH, Chief Judge, WOLLMAN and STRAS, Circuit Judges.

Despite actively litigating this case in federal court for more than a year, Walmart claims that the dispute really belongs in arbitration. The question is whether the company waived its right to arbitrate. Like the district court,1 we conclude that it did.

I.

Debbie McCoy purchased...

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