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Turpin v. Valley Obstetrics and Gynecology, 2021 UT App 12 (Feb. 11, 2021)

Feb 11, 2021

This medical malpractice action involved the applicable standard of review of a district court’s decision regarding whether the plaintiff had waived arbitration by substantially participating in the litigation.  Where the district court’s decision compelling arbitration is based on documentary evidence alone, the appellate court will decide whether the plaintiff materially participated in the litigation before requesting arbitration and, if so, whether the defendants were prejudiced, giving no deference to the district court’s decision.  Applying that standard of review, the court of appeals held that the defendants had not established the requisite prejudice.