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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Refuses to Compel Nonsignatory to Arbitrate
By Victoria VanBuren - June 30, 2010
In Blaustein v. Huete, No. 09-31078 (5th Cir. June 18, 2010), Burt Huete (“Huete”) along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with an application for a provisional patent for a wireless tracking device they had invented. SPL hired the law firm Maier & Maier (“Maier”) to serve as patent counsel. Their written fee agreement contained an arbitration cla
New Arbitration Petition Before the U.S. Supreme Court
By Victoria VanBuren - June 21, 2010
[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion. In Zurich American Insurance Company v. Pioneer
Fifth Circuit Rules on Arbitration Nonsignatories Rights’ Under the New York Convention
By Victoria VanBuren - May 31, 2010
The United States Court of Appeals for the Fifth Circuit held that nonsignatories to arbitration agreements may be compelled to arbitrate under the New York Convention. In Todd v. Steamship Mutual Underwriting Association (Bermuda) Limited, No. 09-30177 (5th Cir. March 18, 2010) Anthony Todd was injured in Louisiana while working as a chef aboard the steamship American Queen, owned and operated by the Delta Queen Steamboat Company (“Delta Q
Fifth Circuit Reinstates NASD Arbitration Award
By Victoria VanBuren - March 4, 2010
The United States Court of Appeals for the Fifth Circuit held that a NASD arbitration panel did not exceed its authority when awarded attorney’s fees directly to counsel. In Institutional Capital Management, Inc. v. Claus, No. 08-20710 (5th Cir. Feb. 11, 2010), Leonard Claus and Institutional Capital management (ICM) entered into an agreement to buy and sell bonds. After a dispute over some bonds that Claus originally purchased to sell to Sterlin
Halliburton/KBR Files Cert. in Jones v. Halliburton
By Victoria VanBuren - February 8, 2010
Via On Point News, we learned that Halliburton/KBR has recently filed a petition for certiorari with the U.S. Supreme Court on the case Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009). The issue is whether the arbitration provision in an employment contract includes the tort claim of sexual assault. The petition presents this question: Respondent Jamie Leigh Jones filed a complaint in federal district court against her employer, seeking redres
Fifth Circuit Compels Arbitration of Attorney’s Fees Dispute Between Law Firm and Former Client
By Victoria VanBuren - February 4, 2010
The United States Court of Appeals for the Fifth Circuit held that an arbitration clause is enforceable notwithstanding that the parties had terminated their services contract. In Hall-Williams v. Law Office of Paul C. Miniclier, PLC, No. 09-30113 (5th Cir. Jan. 13, 2010), Carolyn Hall-Williams (Hall-Williams) is a former client of the Law Office of Paul C. Miniclier (Miniclier). In September 2006, Hall Williams hired Miniclier to represent her i
2009 Arbitration Case Law: Fifth Circuit
By Victoria VanBuren - January 19, 2010
In 2009, the United States Court of Appeals for the Fifth Circuit decided the following arbitration-related cases: In Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, No. 07-20835 (5th Cir. Jan. 13, 2009) the court concluded that the district court had no statutory authority to reverse a reinstatement order issued by the System Board of Adjustment and that its order cannot be sustained on grounds of public policy. In Agere Systems Inc. v. Samsung
Fifth Circuit Rules that the Arbitrators -Not the Courts- Must Decide Who Pays the AAA Arbitration Fees
By Victoria VanBuren - December 28, 2009
The United States Court of Appeals for the Fifth Circuit held that the payment of a deposit for an arbitration was a procedural matter for the arbitrators to decide. In Dealer Computers Svc v. Old Colony Motors, No. 09-20049 (5th Cir. Nov. 19, 2009) Old Colony Motors, Inc. (Old Colony) contracted with Dealer Services, Inc. (Dealer Services) for the purchase and maintenance of computer hardware and software for Old Colony’s dealership. Old C
2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
Fifth Circuit Affirms Confirmation of NASD Arbitration Award
By Victoria VanBuren - December 5, 2009
In The Householder Group v. Caughran, No. 09-40111 (5th. Cir. Nov. 11, 2009), the court summarizes the facts as follows: [A] panel of arbitrators with the National Association of Securities Dealers, Inc. (“NASD”) awarded Householder Group $39,500 in compensatory damages for breach of a promissory note, $50,000 in compensatory damages for breach of a Branch Office Agreement, and $70,000 in attorneys fees. Thereafter, Householder Group filed a moti
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