Parsons v. Halliburton Energy Services, Inc.
Supreme Court of Appeals of West Virginia
785 S.E.2d 844 (2016)
After his employment ended, Parsons (plaintiff) sued Halliburton (defendant) in court despite their employment agreement's arbitration clause; over roughly seven months, Halliburton's counsel requested two informal extensions to answer the complaint and offered to voluntarily produce discovery, but a newly assigned Halliburton attorney then formally moved to compel arbitration as its first substantive response in the case. Parsons argued Halliburton had waived arbitration through its participation, but the trial court found no waiver and dismissed the lawsuit; Parsons appealed.
Whether a party must intentionally relinquish a known contractual right in order to expressly or impliedly waive that right.