Case Explained: AMAYA, ET AL. V. MENZIES AVIATION USA, INC., ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-07-28 Docket: 2:22-cv-05915-HDV-MAR The Ninth Circuit reversed the district court’s order granting in part Menzies Aviation USA, Inc.’s motion to compel arbitration and remanded for proceedings consistent with this disposition. The court held that Menzies waived its right to arbitrate because it engaged in intentional acts inconsistent with that right by actively litigating the merits of the case in federal court for 28 months before filing its motion to compel. Applying a de novo standard of review, the court determined that Menzies’ participation in extensive discovery, case management conferences, and a motion for partial summary judgment demonstrated an intention to take advantage of litigation rather than arbitration, thereby satisfying the waiver test under Ninth Circuit precedent. The court declined to review the district court’s denial of the motion to compel or its order granting class certification, noting it lacked jurisdiction over the latter and that the former was mooted by the waiver finding. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.