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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse
By Beth Graham - December 31, 2013
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad faith labor negotiations.
Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA
By Beth Graham - December 4, 2013
The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.
Fifth Circuit Holds Procedural Questions for ICDR to Decide
By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").
N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute
By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement
By Beth Graham - July 19, 2013
The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).
Dallas COA Reverses After Trial Court Vacates Arbitral Award in Non-Compete Case
By Beth Graham - July 17, 2013
Texas’ Fifth District Court of Appeals in Dallas has reversed a lower court’s decision to vacate an arbitration award.
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.
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