Foss v. Spencer Brewery (19-cv-40098).

Cynthia Foss, a graphic designer who has filed a number of pro se copyright suits in Massachusetts, filed suit against Spencer Brewery in July a day after filing a demand for arbitration on the same claims, and subsequently moved to compel arbitration. Judge Hollman denied Foss’ motion. Judge Hillman noted that Foss had filed two civil actions against Spencer Brewery, had litigated for more than a year without seeking to require arbitration, and had had judgment entered against her in both litigations – Judge Hillman granted both a motion to dismiss and a motion for judgment on the pleadings after Foss failed to oppose either, apparently thinking that Spencer Brewery still needed to, and failed to, answer the two complaints – before filing the demand for arbitration.  The voluntary filing and litigating of suits in Federal Court prior to the demand for arbitration were deemed to constitute a waiver of any arbitration rights she might have had.

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