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U.S. District Judge James Donato of the Northern District of California. (Photo: Jason Doiy)

A federal judge in San Francisco found Fitbit Inc. and its lawyers at Morrison & Foerster acted in bad faith by routing a case to arbitration then refusing to pay arbitration fees after a plaintiff bringing claims over her fitness tracker refused a settlement offer.

“Fitbit delayed and impeded the arbitration on frivolous grounds, and was evasive and misleading after the matter was brought to the court’s attention,” wrote U.S. District Judge James Donato of the Northern District of California in a 10-page order issued Tuesday. “Fitbit’s conduct has multiplied the proceedings in this case for no good reason and at the expense of plaintiffs’ and the court’s resources. It has also bolstered the perception that arbitration is where consumer lawsuits go to die.”

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Ross Todd

Ross Todd is the Editor/columnist for the Am Law Litigation Daily. He writes about litigation of all sorts. Previously, Ross was the Bureau Chief of The Recorder, ALM's California affiliate. Contact Ross at [email protected] On Twitter: @Ross_Todd.

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