Terrell Marshall Defeats Effort by Xerox to Compel Arbitration

On February 3, 2023, the Ninth Circuit Court of Appeals held that Xerox could not force thousands of call center employees to individually arbitrate their wage claims. The Court concluded that Xerox waived any right to arbitration by waiting nearly eight years to raise the defense, adding “[o]ur system generally does not permit a party to lie in the weeds without consequences.” Toby Marshall, along with Dan Johnson of Breskin Johnson & Townsend PLLC, is leading the case for Terrell Marshall and represents a certified class of approximately 5,700 workers. Cross-motions for summary judgment are pending in the district court. A copy of the decision is available here.