JASON SCHWEBKE v. UNITED WHOLESALE MORTGAGE LLC dba UWM, a Michigan Corporation - Articles

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Posted by: Tanja Trezise on Mar 27, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Matthew T. Nelson, WARNER NORCROSS + JUDD LLP, Grand Rapids, Michigan, for Appellant.

Attorneys 2: ARGUED: Molly Savage, DEBORAH GORDON LAW, Bloomfield Hills, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Matthew T. Nelson, Andrea J. Bernard, Charles R. Quigg, WARNER NORCROSS + JUDD LLP, Grand Rapids, Michigan, Paul D. Hudson, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Grand Rapids, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Molly Savage, Deborah L. Gordon, Elizabeth Marzotto Taylor, Sarah Gordon Thomas, DEBORAH GORDON LAW, Bloomfield Hills, Michigan, for Appellee.

Judge(s): GRIFFIN, BUSH, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

LARSEN, Circuit Judge. Jason Schwebke sued his employer, United Wholesale Mortgage (UWM), alleging disability discrimination under state and federal law. For seven months, UWM participated in extensive discovery—producing tens of thousands of pages of documents, taking and defending depositions, and issuing third-party subpoenas—without ever mentioning arbitration. Then, with discovery nearly complete, UWM moved to compel arbitration. The district court denied that motion because UWM implicitly waived its arbitration right. We AFFIRM.

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