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Fifth Circuit
Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration
By Beth Graham - July 9, 2019
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.
Fifth Circuit Holds International Arbitration Policy Preempts Contrary State Law
By Beth Graham - June 5, 2019
The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance policy also contained a conformity to statute provision designed to amend out any contract provisions that fail to comply with state law.
Fifth Circuit Orders Halliburton to Arbitrate Insurance Dispute Following Oil Rig Explosion
By Beth Graham - April 23, 2019
The United States Court of Appeals for the Fifth Circuit has ruled an insurance dispute related to an oil rig explosion should be sent to arbitration.
Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case
By Beth Graham - April 2, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings.
Fifth Circuit Once Again Reverses Order Compelling Arbitration in Wind Energy Dispute
By Beth Graham - March 21, 2019
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case.
Fifth Circuit Holds Employers Are Not Required to Notify Workers Who Signed Individual Arbitration Agreements of Pending FLSA Class Litigation
By Beth Graham - February 26, 2019
The United States Court of Appeals for the Fifth Circuit has ruled a federal district court committed error when it ordered JPMorgan Chase Bank to notify thousands of current and former employees who signed an arbitration agreement waiving their right to engage in collective action against the company about a pending class action case.
Fifth Circuit Reverses Arbitrator’s Ruling in Southwest Airlines Labor Dispute
By Beth Graham - February 5, 2019
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines.
Fifth Circuit Vacates Northern District of Texas Order Compelling Arbitration
By Beth Graham - December 10, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration.
U.S. Supreme Court Considering Three Arbitration Cases in October Term
By Beth Graham - October 13, 2018
Last week, the United States Supreme Court heard oral argument in a case involving the arbitrability of independent contractor agreements for transportation workers.
Fifth Circuit Dismisses Case Against Texas Energy Company Due to Man’s Refusal to Arbitrate
By Beth Graham - October 11, 2018
The United States Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s order dismissing a putative class action lawsuit after a plaintiff failed to pursue arbitration.
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