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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit: the Public Policy Exception
By Victoria VanBuren - February 17, 2009
The latest Fifth Circuit‘s decision related to arbitration is Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, _F.3d_ (5th Cir. 2009) (Cause No. 07-20835). This case falls within the Railway Labor Act (RLA), which provides that minor disputes must be resolved through compulsory and binding arbitration before the System Board of Adjustment (SBA). Here, a pilot is appealing an order of the U.S. District Court for the Southern Distr
Law Review Article Cites “Disputing”
By Victoria VanBuren - February 5, 2009
We recently hit an important milestone. Our blog, Disputing, has been cited in a law review article. The article is titled: Fifth Circuit Survey: Alternative Dispute Resolution, written by Donald R. Philbin Jr. and Audrey Lynn Maness, 40 Tex. Tech L. Rev. 445 (2008). As its title suggests, it provides a summary of noteworthy Fifth Circuit decisions and arbitration trend analysis. The blog posts cited by the article are: Fifth Circuit Rules on Cos
No Longer can you Craft Your Own Arbitral Standard of Review
By Rob Hargrove - March 26, 2008
Almost three years ago, we started monitoring the rapidly developing law of arbitration by way of a CLE paper Karl presented to a State Bar seminar in Dallas. That paper was called Standards of Review as Applied to Arbitral Decisions, and at its conclusion we advised seminar attendees and other readers that even though arbitral awards were for most intents and purposes not appealable, nothing prevented parties, in the Fifth Circuit anyway, from c
Fifth Circuit Rejects Amway’s Arbitration Policy
By Rob Hargrove - February 13, 2008
About a week ago, the Fifth Circuit handed down an opinion in an Amway distributorship dispute (link is to .pdf file) which rejects, after a decade of arbitration and arbitrability litigation, a claim by Amway that certain disputes had to be arbitrated. As followers of this area are aware, a Fifth Circuit opinion rejecting arbitrability is noteworthy in and of itself. Amway, of course, is a company that sells products through distributors who in
Fifth Circuit finds Arbitrator did not Exceed Authority
By Rob Hargrove - August 16, 2007
Earlier this week, the Fifth Circuit handed down an opinion reversing a decision from the Eastern District of Louisiana which had vacated an arbitral award (link is to .pdf file). The underlying case was a securities fraud action against a stock broker, which the Plaintiffs arbitrated under protest, having challenged the arbitrability of the case from the outset. The District Court, however, forced the parties to arbitrate, and the Defendant stok
Fifth Circuit Confirms Arbitration Award
By Rob Hargrove - May 18, 2007
On Wednesday, the Fifth Circuit released an opinion confirming an arbitral award (link is to .pdf file) in a dispute between two companies who had contracted to share in the duties of performing corrective laser eye surgery. The party that lost the arbitration sought vacatur on two grounds allowed in FAA jurisprudence: on the statutory ground that the arbitrator exceeded his authority, and on the non-statutory ground that the arbitrator manifestl
Bench Bar 007
By Rob Hargrove - April 20, 2007
Well, we have not posted much lately. There simply have not been any arbitration cases in the jurisdictions we routinely check (Texas, Fifth Circuit), and the actual law practice has been busy, so there has not been time to put something together in the “commentary” vein. However, that does not mean we have been ignoring arbitration issues. Later this morning, Karl will be presenting an update of his arbitration paper at the Austin Ba
Challenging an Arbitral Award in the CBA context
By Rob Hargrove - March 6, 2007
The Fifth Circuit just released an opinion reversing a district court’s vacatur (link is to .pdf file) of an arbitral award in the collective bargaining context. The opinion sets out the standard of review for arbitral awards when the arbitration is established by the collective bargaining process. Since this is an area in which we do not practice, I’m not offering any detail or analysis, but the opinion seemed worth noting. Resolutio
Fifth Circuit Confirms Arbitral Award
By Rob Hargrove - February 28, 2007
Yesterday, the Fifth Circuit handed down an opinion confirming an arbitral award in favor of Texaco (link is to .pdf file) in a contract dispute over some off-shore oil exploration in the Bohai Bay of China. The opinion confirms the award with discussion of two important points, one which has been discussed at length in the Circuit, and one which has not.The arbitrator in this case awarded Texaco more than $71M, some $20M of which was an award of
Fifth Circuit Hands Down Positive Software Opinion
By Rob Hargrove - January 18, 2007
Today the Fifth Circuit released its en banc opinion (link is to .pdf file) in the Positive Software case (background on case here and here). The long-awaited opinion, written by Judge Jones, sets out the rule, in the Fifth Circuit, for when a court (employing the FAA) must vacate an arbitral award based on an arbitrator’s failure to disclose a possible conflict. As we wrote in a CLE paper back in May 2005, the Fifth Circuit had not, until
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