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All articles tagged '"Fifth Circuit"'
153 articles found
SCOTUS Denies Cert. in Texas Ponzi Scheme Case
By Beth Graham - October 13, 2017
On Tuesday, the Supreme Court of the United States denied a petition for certiorari that was filed by a group of former Ponzi scheme financial advisers.
Federal Court Issues Preliminary Injunction After Arbitrator Upholds Suspension of Dallas Cowboys Player
By Beth Graham - September 15, 2017
Last week, the Eastern District of Texas issued a preliminary injunction over a National Football League (“NFL”) player’s six-game suspension.
5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement
By Beth Graham - August 25, 2017
The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”).
5th Circuit Upholds Class Waiver Without an Arbitration Agreement
By Beth Graham - August 14, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).
Texas Federal Court Rules Insurance Policy Requires Arbitration in England
By Beth Graham - May 10, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England.
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The United States Court of Appeals for the Fifth Circuit has issued an unpublished opinion stating an accounting firm may not compel a group of hospital workers’ claims over an allegedly underfunded pension plan to arbitration.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
By Beth Graham - September 28, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s arbitration agreement is enforceable.
Will the Supreme Court Agree to Address Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers?
By Beth Graham - July 26, 2016
Christine Neylon O'Brien, Professor of Business Law at Boston College - Carroll School of Management has written “Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?,” University of Pennsylvania Journal of Business Law, Vol. 19, accepted (Forthc
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
By Beth Graham - June 24, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment contracts appears increasingly likely to be reviewed by the United States Supreme Court in the near future.
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