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Fifth Circuit
SCOTUS to Consider FAA Subject-Matter Jurisdiction Case
By Beth Graham - May 20, 2021
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.
Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration
By Beth Graham - November 20, 2020
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.
Fifth Circuit Rules Plaintiff Waived Arbitration Right by Invoking the Judicial Process
By Beth Graham - November 9, 2020
The United States Court of Appeals for the Fifth Circuit has ruled a plaintiff waived his right to arbitration by substantially engaging in litigation.
Fifth Circuit Denies Payday Lender’s Motion to Reconsider Arbitration Motion Despite SCOTX Opinion
By Beth Graham - April 15, 2020
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has denied a payday lender’s motion to reconsider a district court’s order refusing to send a class-action lawsuit to arbitration despite that the Supreme Court of Texas later issued an opposite holding in a similar dispute.
Fifth Circuit Affirms W.D. of Texas Order Confirming Arbitrator’s Modified Decision
By Beth Graham - April 8, 2020
The United States Court of Appeals for the Fifth Circuit has affirmed a federal district court’s order confirming an arbitrator’s modified decision in a dispute between Southwestern Bell Telephone Company and the union representing the company’s workers.
Fifth Circuit Affirms $63 Million Arbitration Award in Wind Energy Equipment Dispute
By Beth Graham - March 16, 2020
The United States Court of Appeals for the Fifth Circuit has upheld a nearly $63 million arbitration award that was issued against a California company owned by a foreign corporation.
Sixth Circuit Creates Split on International Arbitration Discovery Question
By Beth Graham - October 28, 2019
The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private international arbitration proceeding.
Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice
By Beth Graham - September 9, 2019
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim.
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case
By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.
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