California, United States of America
The following excerpt is from Alper v. Rotella, 278 Cal.Rptr.3d 388, 63 Cal.App.5th 1142 (Cal. App. 2021):
In short, plaintiffs forfeited their contention the arbitrator was disqualified due to opioid use because plaintiffs did not raise the issue of impairment at any point during the arbitration proceedings. Although the trial court ruled plaintiffs had "waived" the issue, a failure to assert a right is more accurately termed a "forfeiture." (See United States v. Olano (1993) 507 U.S. 725, 733-734, 113 S.Ct. 1770, 123 L.Ed.2d 508 ["Waiver is different from forfeiture. Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right "].)
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