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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award
By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - November 25, 2015
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration.
NLRB Yet Again Rules Class Arbitration Waivers in Employment Contracts are Invalid
By Beth Graham - November 18, 2015
The National Labor Relations Board (“NLRB”) has yet again ruled that a class arbitration waiver included in an employment contract violates the National Labor Relations Act (“NLRA”).
Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute
By Beth Graham - April 10, 2015
The United States Court of Appeals for the Fifth Circuit has held that an arbitrator exceeded his authority in a contract dispute.
Fifth Circuit Reverses Course in Construction Defect Case
By Beth Graham - January 23, 2015
The Fifth Circuit Court of Appeals has reversed its prior decision affirming summary judgment in favor of an insurance company that refused to pay an arbitral award in a construction defect case. In Crownover v. Mid-Continent Casualty Co., No. 11-10166, a Texas couple, the Crownovers, initiated arbitration against the company that built their defective home, Arrow.
Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction
By Beth Graham - December 10, 2014
In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant. The parties’ insurance contract contained an arbitration clause.
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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