Avis Budget holds onto arbitration right despite months of litigation

Budget moved to dismiss and, in a reply footnote, “reserve[d] the right to move to compel arbitration.” The breach-of-contract claim survived; the other two were dismissed. Budget then flagged arbitration as an affirmative defense, repeated the reservation in its discovery plan and initial disclosures, and deposed both customers in February 2024. In April 2024, about two months later, it moved to compel arbitration.