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All articles tagged '"Fifth Circuit Court of Appeals"'
44 articles found
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.
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.
Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute
By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.
Fifth Circuit Holds Conduct of Parties Expanded Arbitrator’s Authority in Contract Dispute
By Beth Graham - May 11, 2015
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitrator did not exceed his authority when he analyzed whether a contract was formed because the parties substantially participated in arbitral proceedings without contesting the issue.
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
Fifth Circuit Overturns Lower Court’s Order Partially Vacating Arbitral Award
By Beth Graham - February 20, 2015
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s order vacating a portion of an arbitral award. In BNSF Railway Co. v. Alstom Transportation, Inc., No. 13-11274 (5th Cir. Feb. 5, 2015), a railroad company, BNSF, hired another company, Alstom, to manage its locomotive maintenance program.
Fifth Circuit Refuses to Compel Non-Signatory to Arbitration in Texas Negligence Case
By Beth Graham - December 9, 2014
The United States Court of Appeals for the Fifth Circuit has refused to enforce a mandatory arbitration provision that was included in a sales agreement against the spouse of a customer. In Joy Zinante v. Drive Electric, L.L.C., No. 14-20072 (5th Cir. 2014), a Texas couple’s home was unfortunately damaged in a fire that was apparently caused by a defective electric golf cart.
Fifth Circuit Refuses to Compel Arbitration Based on Full Faith and Credit Clause
By Beth Graham - November 8, 2014
The United States Court of Appeals for the Fifth Circuit has refused to compel arbitration in a contract dispute over annuity payments. In Saucier v. Aviva Life and Annuity Co., No. 13-60854 (5th Cir., October 29, 2014), a man, Saucier, agreed to accept a structured settlement for certain personal injury claims in 1990. As part of the settlement, Saucier received periodic annuity payments from Aviva Life and Annuity Company.
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