Menu
All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Rules on Jurisdiction Under the Railway Labor Act
By Victoria VanBuren - March 1, 2012
The United States Court of Appeals for the Fifth Circuit held that an employee pension plan falls within the scope of the Railway Labor Act (“RLA”) and is subject to its mandatory arbitration procedures. In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) plaintiffs are former Continental Airlines pilots (“Retirees”) who filed a class action against Continental Airlines under ERISA § 502(a)(1)(
Fifth Circuit Finds Arbitration Clause Illusory
By Victoria VanBuren - February 20, 2012
The United States Court of Appeals for the Fifth Circuit held that an agreement was illusory because the defendant retained the unilateral right to modify or terminate the arbitration provision at any time. In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) John Carey (“Carey”) is a former sales representative for 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”). During Carey’s period of emplo
Fifth Circuit Rules on Jurisdiction for a Petition to Compel Arbitration
By Victoria VanBuren - January 30, 2012
The United States Court of Appeals for the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) Crescent Ford Truck Sales, Inc. (“Crescent”) operated a Volvo dealership pursuant to a Dealer Sale
Employment Arbitration | Jones v. Halliburton
By Victoria VanBuren - January 5, 2012
Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun
2011 Arbitration Case Law | Fifth Circuit
By Victoria VanBuren - December 21, 2011
During this year, the U.S. Court of Appeals for the Fifth Circuit decided the following arbitration cases: On July 22, 2011, the Fifth Circuit denied a motion to compel arbitration in multi-billion-dollar ponzi scheme case. In Janvey v. Alguirre, No. 10-10617 (5th Cir. July 22, 2011) the Securities and Exchange Commission (“SEC”) brought suit against the investment company Standford Group Company (“SGC”) and related entities for allegedly perpetr
Fifth Circuit Compels Non-Signatory to Arbitrate
By Victoria VanBuren - December 5, 2011
In Blaustein v. Huete, No.11-30057 (5th Cir. La. Oct. 26, 2011) Burt David Huete along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with their application for a provisional patent for a wireless tracking device they had invented. SPL retained Timothy and Christopher Maier of Maier & Maier, P.L.L.C. (“the Maiers”) to prepare the patent application. Maier’s representation agree
Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA
By Victoria VanBuren - November 29, 2011
In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part
Seventh Circuit Rules that ‘Manifest Disregard of the Law’ Is Not Independent Basis for Vacating Arbitral Awards
By Victoria VanBuren - November 18, 2011
The Seventh Circuit held that “manifest disregard of the law” is not an independent ground for vacatur in a patent case under the Federal Arbitration Act (“FAA”). See Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. , No. 11-2070 (7th Cir. Oct. 3, 2011). Citing Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), the court stated that the grounds to vacate arbitral awards listed in the FAA are &#
Fifth Circuit Holds that a District Court Is Not Required to Stay Proceedings on Merits Pending Appeal of Denial of a Motion to Compel Arbitration
By Victoria VanBuren - November 16, 2011
In Weingarten Realty Investors v. Miller, No. 11-20676 (5th Cir. Nov. 1, 2011), Weingarten Realty Investors (“WRI”) and Miller Sheriden, LLC (“Miller”), created a joint venture. WRI loaned that joint venture $75,000,000 under the Loan Agreement between WRI and the joint venture. Miller did not sign the Loan Agreement individually but did sign a third-party guarantee (“Limited Guarantee”) for the loan, on the same day the Loan Agreement was execut
Fifth Circuit Finds Information Contained in Arbitration Award Insufficient to Determine Insurance Coverage
By Victoria VanBuren - October 21, 2011
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy