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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Confirms Arbitration Award in Employment Case
By Victoria VanBuren - June 8, 2009
In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company did not waive its right to arbitration by participating in administrative proceedings initiated by employee and affirmed the District Court’s confirmation of an arbitration award. In Green v. Service Corporation International, No. 08-20607 (5th Cir. June 2, 2009), Phillip Green was hired by SCI Management, a subsidiary of Service Corporation Internation
Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street
By Victoria VanBuren - June 2, 2009
Over the past year, the circuit courts have differed over whether the “manifest disregard of the law” doctrine survives the U.S. Supreme Court’s holding in Hall Street. Hall Street Assoc. v. Mattel, Inc., 128 S. Ct. 1396 (2008). In a recent article, Philip J. Loree Jr. analyzes the Second Circuit’s interpretation of Hall Street in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). Interestingly, the
Fifth Circuit: Sham Arbitration Cannot Be Used to Perform an Unlawful Transfer
By Victoria VanBuren - May 29, 2009
In a one-paragraph opinion, the U.S. Court of Appeals for the Fifth Circuit held that arbitration cannot be used to circumvent procedural requirements of the Texas Structured Settlement Protection Act (“SSPA”) and affirmed the District Court’s refusal to confirm an arbitration award. In Symetra Life Ins. Co. v. Rapid Settlements Ltd., No. 08-20248, Symetra National Life Insurance Company, (“Symetra”) payor of structu
Fifth Circuit Finds that Nonsignatories Are Bound by Decedent’s Arbitration Agreement
By Victoria VanBuren - May 14, 2009
The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute
Fifth Circuit Hears Appeal on Arbitration of Tort Claims in Employment Contract
By Victoria VanBuren - April 28, 2009
The Fifth Circuit heard arguments yesterday on Halliburton‘s appeal of Jones v. Halliburton, coming from the Southern District of Texas. The lower court refused to compel arbitration of plaintiff’s claims for: assault and battery, intentional infliction of emotional distress arising out of an alleged assault, negligent hiring, retention and supervision of employees involved in the assault, and false imprisonment. That court, however,
You Can’t Have It Both Ways: Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - April 20, 2009
Last week, the Fifth Circuit decided Geraldine Nicholas v. KBR, Inc., No. 08-20140, (5th Cir. Mar. 15, 2009). The court affirmed the district court’s ruling denying Nicholas’ motion to compel arbitration of her contract dispute with KBR. Nicholas waived her right to arbitrate (pursuant to an arbitration clause) because she substantially invoked the judicial process to the prejudice of KBR. The court applied a two-prong test: Did Nicho
Fifth Circuit Denies Motion to Vacate Arbitration Award
By Victoria VanBuren - April 7, 2009
In Nat’l Resort Mgmt v. Cortez, No. 08-10805 (5th Cir. Mar. 31, 2009), the Fifth Circuit cited Hall Street v. Mattel and Citigroup v. Bacon, stating that “the number of grounds for challenging an arbitration award has been substantially reduced.” The two-paragraph unpublished opinion affirmed the lower court’s ruling. The court added that “given the deference accorded to arbitration awards, there is no flaw in this p
Fifth Circuit Compels Arbitration of Tort Claims
By Victoria VanBuren - March 25, 2009
This week, the Fifth Circuit decided Woodmen of the World Life Insurance Society/ Omaha Woodmen Life Insurance Society v. JRY, No. 08-30405 (5th Cir. Mar. 23, 2009). The defendant-appellees (“JRY” and “TSY”) are parents suing on behalf of the Estate of their minor son (“BMY”) and the plaintiff-appellant Woodmen of the World (the “Society”) is a non-profit fraternal society that provides life insuran
Fifth Circuit: Life After Hall Street
By Victoria VanBuren - March 17, 2009
Last week, the Fifth Circuit decided whether manifest disregard of the law remains a valid ground for vacating an arbitration award in light of last year’s U.S. Supreme Court case Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). For background and commentary on that case, visit our previous posts: Dead? Alive? Matter of Opinion? Dec. 4, 2008 Rau Responds Jun. 9, 2008 Rau Gives Souter a C-minus Jun. 5, 2008 Glen Wilkers
Fifth Circuit: Arbitrator Should Determine Arbitrability
By Victoria VanBuren - March 5, 2009
In Agere Systems Inc. v. Samsung Electronics Co., Ltd., (No. 07-40984), the Fifth Circuit held that the question of arbitrability should be decided by an arbitrator. The dispute between Agere Systems and Samsung Electronics arouse out of five patent cross-licensing agreements (dated 1990, 1995, 1999, 2000, and 2006). In 2006, Agere sued Samsung for breach of the licensing agreement and Samsung responded by invoking a mediation clause contained in
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