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Fifth Circuit
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.
Fifth Circuit Holds Procedural Questions for ICDR to Decide
By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").
N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute
By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement
By Beth Graham - July 19, 2013
The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
By Beth Graham - May 7, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.
Fifth Circuit Reinstates Arbitral Award in Video Game Dispute
By Beth Graham - April 16, 2013
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
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