Plaintiff N.V. filed suit against her former employer, Autozone, Inc. The plaintiff alleged sex and disability discrimination. It was undisputed in court that the defendant
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Plaintiff N.V. filed suit against her former employer, Autozone, Inc. The plaintiff alleged sex and disability discrimination. It was undisputed in court that the defendant company's Occupational Injury Benefit Plan contained an enforceable arbitration provision. The parties disagreed about whether this arbitration provision applied to all of the plaintiff's claims. The defendant company argued that the plaintiff's claims of "sexual harassment, retaliation, and hostile work environment" were not covered by this arbitration provision, reasoning that this provision applied only to claims "made in connection with a job-related injury." Do you think that the defendant substantially invoked the judicial process "to the detriment or prejudice of the other party," such that it waived its right to arbitration? Why or why not? Valdez v. Autozone Inc. (2015 U.S. Dist. LEXIS 18608).
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