IN RE PAWN AMERICA CONSUMER DATA BREACH LITIGATION

No. 23-2292.

108 F.4th 610 (2024)

IN RE: PAWN AMERICA CONSUMER DATA BREACH LITIGATION. Melissa Thomas, on behalf of herself individually and on behalf of all others similarly situated; Randell Huff; Megan Murillo; Monique Derr; Paola Manzo Plaintiffs-Appellees, v. Pawn America, Minnesota, LLC; Payday America, Inc.; PAL Card Minnesota, LLC Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2024.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Thomas W. Heyde, Jr., of Saint Louis, MO. The following attorney(s) appeared on the appellant brief; Douglas R. Boettge, of Minneapolis, MN., Seong Hong, of Saint Louis, MO., Shawn Tuma, of Plano, TX.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Anne T. Regan, of Edina, MN, The following attorney(s) appeared on the appellee brief; Jeffrey D. Bores, of Minneapolis, MN., Nathan D. Prosser, of Edina, MN., Christopher Paul Renz, of Minneapolis, MN., Bryan L. Bleichner, of Minneapolis, MN., Lindsey LaBelle Larson, of Edina, MN., Terence R. Coates, of Cincinnati, OH., Joseph M. Lyon, of Cincinnati, OH., Gary M. Klinger, of Chicago, IL.

Before ERICKSON, MELLOY, and STRAS, Circuit Judges.


This case is about what it takes to waive a contractual right to arbitration. Here, three companies spent months litigating in federal court before moving to compel arbitration. The district court1 concluded that, by then, they had waived the right by "substantially invoking the litigation...

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