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 the case for further proceedings. 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 employment dispute 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 case management, discovery, depositions, and a motion for partial summary judgment demonstrated an intent to take advantage of litigation rather than arbitration, thereby satisfying the waiver test under Ninth Circuit precedent. The court declined to review the merits of the arbitration denial or the class certification order, noting it lacked jurisdiction over the latter. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.