Hudson v. Citibank (South Dakota) NA

Summary

The court held that Citibank did not waive arbitration by litigating its debt-collection actions because the later UTPA claims concerning attorney-fee practices were not sufficiently closely related to the collection claims, and federal law governs waiver by litigation conduct. The court further held that whether the arbitration agreement permits statewide injunctive relief is an issue of contract interpretation for the arbitrator, not the superior court. The court affirmed the orders compelling arbitration, vacated the ruling on statewide injunctive relief, and remanded that issue for arbitration.