Facebook advertisers who filed a class-action lawsuit against Meta Platforms in 2018 over allegedly inflated metrics are fighting the company's "eleventh-hour" request to force most class members into arbitration.
In papers filed late last week with the 9th Circuit Court of Appeals, counsel for the advertisers argues that Meta waived its ability to compel arbitration by waiting until the eve of trial to raise the issue.
"Parties may not litigate in court, only to pivot and try to compel arbitration if the case isn’t going as they’d like," counsel for DZ Reserve, which operated an e-commerce store, and Max Martialis, which sold weapons accessories, argue in papers filed late last week with the 9th Circuit Court of Appeals.
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