PriorityOne Bank v. Laura Folkes

Summary

The Court affirmed the denial of PriorityOne Bank’s motion to compel arbitration. It held that the bank waived any right to arbitrate by substantially participating in the chancery litigation, including answering the complaint, engaging in discovery, and filing a motion for summary judgment. The amended complaint did not alter the result because Folkes represented that it was not intended to add discrete claims to the chancery action.