UHG I LLC v. Shakeena Cox (Appeal from Mobile Circuit Court: CV-23-22).

Summary

The court held that Cox's challenges asserting that the loan agreement was void or unconscionable attacked the agreement as a whole, so the arbitrator, rather than the court, must decide them. It enforced arbitration of Cox's counterclaim and held that the class-action waiver required her to proceed individually, while concluding that UHG waived arbitration of its original collection claim by litigating and appealing it. The court also modified Alabama's arbitration-waiver framework by eliminating the prejudice requirement and the heightened burden of proving waiver.