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Fifth Circuit
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
Fifth Circuit Orders FLSA Dispute to Arbitration Based on Delegation Clause in Employer’s Arbitration Policy
By Beth Graham - August 10, 2016
The nation’s Fifth Circuit Court of Appeals has ruled that a delegation clause stating gateway determinations regarding arbitrability must be decided by an arbitrator applied to an oil worker’s preexisting Fair Labor Standards Act (“FLSA”) claim.
Fifth Circuit Affirms $1.45 Million Arbitration Award in Legal Fees Dispute
By Beth Graham - June 30, 2016
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
Fifth Circuit Lacks Jurisdiction Over Order Compelling Arbitration in Movant’s Non-Preferred Forum
By Beth Graham - June 1, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that it lacks jurisdiction to consider an appeal from a lower court’s interlocutory order compelling arbitration in a different forum than the movant requested.
Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award
By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
NLRB Continues Attack on Class and Collective Action Waivers
By Beth Graham - March 16, 2016
The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.
NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers
By Beth Graham - March 7, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law.
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