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All articles tagged '"district court"'
194 articles found
CMS Issues Proposed New Rule on Nursing Home Pre-Dispute Arbitration Agreements
By Karl Bayer - June 7, 2017
The Centers for Medicare and Medicaid Services (CMS), an arm of the US Department of Health and Human Services, released an announcement on June 5th withdrawing its 2016 Rule prohibiting pre-dispute arbitration agreements for long-term care nursing home contracts.
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.
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.
Fifth Circuit Dismisses Appeal Over Arbitrator Selection for Lack of Subject Matter Jurisdiction
By Beth Graham - May 17, 2017
The United States Court of Appeals for the Fifth Circuit has dismissed a company’s appeal from a lower court’s order confirming the selection of a panel of arbitrators due to lack of subject matter jurisdiction.
9th Circuit Upholds Employer’s Dispute Resolution Agreement Banning Collective Action
By Beth Graham - March 15, 2017
The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.
Fifth Circuit Affirms Order Denying Arbitration in Ponzi Scheme Case
By Beth Graham - February 1, 2017
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order denying a motion to compel arbitration that was filed by a group of former Ponzi scheme employees.
Fifth Circuit Affirms Order Denying Motion to Compel Arbitration in Employee Pension Plan Dispute
By Beth Graham - January 11, 2017
The United States Court of Appeals for the Fifth Circuit has issued an unpublished opinion stating an accounting firm may not compel a group of hospital workers’ claims over an allegedly underfunded pension plan to arbitration.
Fourth Circuit Upholds $900K FINRA Arbitration Award After Bank Fails to Weigh in on Arbitral Panel
By Beth Graham - November 28, 2016
A unanimous panel of the United States Court of Appeals for the Fourth Circuit has reportedly upheld a contested $900,000 Financial Industry Regulatory Authority (“FINRA”) arbitration award.
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
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.
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