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Alternative Dispute Resolution

Sep. 8, 2026

9th Circuit says Roblox waived arbitration by litigating first

A divided panel ruled Roblox could not seek dismissal of a proposed class action on the merits, then turn to arbitration after its effort failed.

Roblox Corp. waived its right to force a proposed class action into arbitration by spending nearly a year litigating in federal court and seeking dismissal on the merits before invoking its arbitration agreement, a divided 9th U.S. Circuit Court of Appeals ruled Thursday.

The 2-1 panel affirmed U.S. District Judge Todd W. Robinson's denial of Roblox's motion to compel arbitration in a lawsuit brought by Damien Uhl, a parent who alleges the online gaming company misled pare...

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