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Utah Court of Appeals hears dispute over whether Vivint Solar waived arbitration in Lundberg fight

Utah Court of Appeals · November 21, 2024
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Summary

At oral argument in Vivint Solar Inc. v. Lundberg (No. 20230335), counsel disputed whether Vivint Solar waived contractual arbitration rights for employment claims by litigating related equity claims; the panel pressed counsel on precedents and overlapping Delaware findings and took the matter under advisement.

The Utah Court of Appeals heard oral argument in Vivint Solar Inc. v. Lundberg, case no. 20230335, centered on whether Vivint Solar waived its contractual arbitration right by litigating equity claims in court.

Peggy Tomczyk, counsel for Vivint Solar, told the panel that “Solar's intention is not to harass mister Lundberg” but to enforce written agreements and that the appeal turns on whether Solar had a contractual right to arbitrate the equity claims the lower court addressed. Tomczyk argued the district court erred in finding waiver because, she said, the record…

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