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, finding her voluntary filing of suits in Federal Court to constitute a waiver of any arbitration rights she might have had. 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 before filing the demand for arbitration – 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.

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