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Fifth Circuit
Fifth Circuit Affirms Vacatur After Arbitrator Exceeded His Authority
By Beth Graham - September 10, 2018
The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies.
Fifth Circuit Rules John Deere Dealer May Not Avoid Arbitration
By Beth Graham - August 16, 2018
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling arbitration despite one party’s avoidance attempts.
Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration Based on Resident’s Verbal Consent to Daughter’s Agency
By Beth Graham - July 30, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency.
Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement
By Beth Graham - July 5, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate.
Fifth Circuit Orders Independent Contractor to Individually Arbitrate FLSA Claims
By Beth Graham - May 17, 2018
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling an independent contractor to arbitrate his Fair Labor Standards Act (“FLSA”) claims against a restaurant food delivery service.
Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked
By Beth Graham - March 10, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.”
SCOTX Holds Payday Lender Did Not Waive Right to Arbitration
By Beth Graham - February 27, 2018
The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.
5th Circuit Affirms Order Denying Motion for Vacatur of Arbitration Panel’s Unanimous Decision in $586 Million Louisiana Barrier Islands Case
By Beth Graham - February 8, 2018
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has upheld a district court’s decision refusing to vacate an arbitration panel’s unanimous order.
SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract
By Beth Graham - February 6, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration.
Fifth Circuit Rules Louisiana Non-Resident Attachment Statute May be Used Prior to Anticipated Arbitration
By Beth Graham - November 27, 2017
A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration.
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