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Fifth Circuit

Suspension Set to Begin for Dallas Cowboys Running Back

By Beth Graham - November 1, 2017
A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.

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Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back

By Beth Graham - October 23, 2017
The legal saga over a National Football League (“NFL”) running back’s controversial six-game suspension has continued on in various federal courts. 

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SCOTUS Denies Cert. in Texas Ponzi Scheme Case

By Beth Graham - October 13, 2017
On Tuesday, the Supreme Court of the United States denied a petition for certiorari that was filed by a group of former Ponzi scheme financial advisers.

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Fifth Circuit Holds Court Lacks Appellate Jurisdiction Over Arbitration Order

By Beth Graham - October 4, 2017
The Fifth Circuit Court of Appeals has dismissed an appeal that was filed over a lower court’s order compelling arbitration due to lack of appellate jurisdiction.

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Fifth Circuit Affirms Order Stating Question of Arbitrability Was Delegated to the Arbitrator in $1.6 Billion Oil Lease Dispute

By Beth Graham - August 31, 2017
The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated.

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5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017
The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). 

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SCOTUS Asked to Consider Order Denying Arbitration in Texas Ponzi Scheme Case

By Beth Graham - August 17, 2017
Last week, a group of former Ponzi scheme financial advisers asked the United States Supreme Court to overturn the Fifth Circuit’s decision affirming a lower court’s order denying their motion to compel arbitration. 

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5th Circuit Upholds Class Waiver Without an Arbitration Agreement

By Beth Graham - August 14, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).

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Fifth Circuit Holds Payday Lender Waived Right to Arbitration

By Beth Graham - May 25, 2017
In a 2-1 decision, the nation’s Fifth Circuit Court of Appeals has ruled a payday loan lending company that sought criminal charges against customers who failed to repay their loans waived its right to arbitration by substantially invoking the judicial process.

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Fifth Circuit COA Vacates Lower Court’s Order Withdrawing Arbitration

By Beth Graham - May 21, 2017
The nation’s Fifth Circuit Court of Appeals has ordered a discrimination and retaliation lawsuit to arbitration.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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