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All articles tagged '"Western District"'
23 articles found
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case
By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.
Fifth Circuit Once Again Reverses Order Compelling Arbitration in Wind Energy Dispute
By Beth Graham - March 21, 2019
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case.
Fifth Circuit Dismisses Case Against Texas Energy Company Due to Man’s Refusal to Arbitrate
By Beth Graham - October 11, 2018
The United States Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s order dismissing a putative class action lawsuit after a plaintiff failed to pursue arbitration.
SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract
By Beth Graham - February 6, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration.
Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp
By Beth Graham - June 16, 2017
Disputing would like to announce guest post writer Merril Hirsh has published a thought-provoking and timely article focused on the idea that special masters are well-positioned at the intersection between Alternative Dispute Resolution (“ADR”) and the courtroom.
Western District of Texas Refuses to Stay Arbitration Proceedings in Wind Energy Dispute
By Beth Graham - May 4, 2016
The Western District of Texas has refused to stay arbitration proceedings in a dispute between a wind energy company, Papalote Creek, and the Lower Colorado River Authority (“LCRA”).
Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit
By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.
U.S. Fifth Circuit Sends Age Discrimination Case to Arbitration
By Beth Graham - February 28, 2013
The United States Fifth Circuit Court of Appeals has held that an age discrimination claim must be arbitrated. In Klein v. Nabors, No. 11-30824 (5th Cir. 2013), an oil rig worker, Gary Klein, sued his former employer, Nabors Drilling USA, for age discrimination in the Western District of Louisiana after he was terminated from the company. Prior to his employment, Klein reportedly signed a company form that acknowledged all employment disputes wou
GUEST-POST | The Role of e-Mediation in Resolving ESI Disputes in Federal Court | Interview with Allison Skinner
By Victoria VanBuren - October 29, 2012
by Peter S. Vogel My friend, Allison Skinner, who co-founded the American College of e-Neutrals with me, attended an interesting panel presented by the E-Discovery Series in the Western District of Pennsylvania on September 6, 2012 entitled “The Role of e-Mediation in Resolving ESI Disputes in Federal Court.” The U.S. District Court for the Western District of Pennsylvania was the first District to create an E-Discovery Special Master Panel
Armstrong v. Tygart | Austin Federal Court Dismisses Lance Armstrong Lawsuit Against USADA
By Victoria VanBuren - August 20, 2012
Today, the U.S. District Court for the Western District of Texas, Austin Division, dismissed Lance Armstrong lawsuit against the U.S. Anti-Doping Agency (USADA). Agreement to Arbitrate The court held that Armstrong agreed to arbitrate at least some of his claims. The court found that Armstrong agreed to abide by USA Cycling’s rules and those rules incorporate the USADA Protocol, which requires athletes to contest doping sanctions through ar
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