SAN FRANCISCO - An employer did not waive its right to arbitration by waiting to file such a request until a second class complaint was filed against it and consolidated with the first, the Ninth Circuit U.S. Court of Appeals ruled Aug. 21, reversing a trial court's order (Michelle Richards, et al. v. Ernst & Young, LLP, No. 11-17530, 9th Cir.; 2013 U.S. App. LEXIS 17488).