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All articles tagged '"Northern District of Texas"'
23 articles found
N.D. Texas Dismisses FLSA Case in Favor of Arbitration
By Beth Graham - October 29, 2018
The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act ("FLSA") claim because it should have been submitted to arbitration.
Lawsuit Seeks to Halt CPFB Rule Against Mandatory Arbitration Agreements that Ban Class-Actions
By Beth Graham - September 30, 2017
Yesterday, the United States Chamber of Commerce and a coalition of corporate business lobbying groups filed a lawsuit in the Northern District of Texas seeking to enjoin the Consumer Financial Protection Bureau (“CFPB”) from enforcing a new rule that prohibits most financial service providers from requiring consumers to sign mandatory arbitration agreements that bar class-action lawsuits.
Fifth Circuit Affirms Order Denying Arbitration in Ponzi Scheme Case
By Beth Graham - February 1, 2017
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order denying a motion to compel arbitration that was filed by a group of former Ponzi scheme employees.
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.
Fifth Circuit Holds Conduct of Parties Expanded Arbitrator’s Authority in Contract Dispute
By Beth Graham - May 11, 2015
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitrator did not exceed his authority when he analyzed whether a contract was formed because the parties substantially participated in arbitral proceedings without contesting the issue.
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion Wind Energy Dispute
By Beth Graham - February 9, 2015
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No. 3:14-CV-2815-K (February 5, 2015), AVIC and Thompson (“plaintiffs”) entered into a wind energy joint investment agreement with Tang and four others (“defendants”).
Fifth Circuit Reverses in Part N.D. of Texas’ Order Compelling Arbitration in Health Plan Sales Dispute
By Beth Graham - October 17, 2014
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation.
N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
By Beth Graham - October 9, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”
Northern District of Texas Orders Patent Royalty Dispute to Arbitration
By Beth Graham - October 1, 2014
The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002.
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