2012 Year-in-Review – Fifth Circuit Arbitration Case Law


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During 2012, the U.S. Court of Appeals for the Fifth Circuit decided the following arbitration cases:

 

  • In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) 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. Read more here.

 

  • In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) 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. Read more here.

 

 

  • In Reed v. Florida Metropolitan University, Inc. No. 11-50509 (5th Cir. May 18, 2012) the Fifth Circuitruled that an arbitrator exceeded his powers by ordering class arbitration without a sufficient contractual or legal basis for doing so. Read more here.

 

 

 

 

 

  • In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Read more here.

 

 

  • In Morgan Keegan & Company, Inc., v. Garrett, et al, No. 11-20736 (5th Cir. Oct. 23, 2012) the Fifth Circuit reversed the vacatur of a FINRA Award because it disagreed with the district court’s finding that the award was procured by fraud, or in the alternative, that the arbitration panel exceeded its powers. 

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Victoria VanBuren
Victoria VanBuren is the voice of the acclaimed “Disputing” blog. She assists Karl Bayer with his publications. Prior to becoming the blogmaster, Victoria obtained a law degree from UT Law and worked as an attorney for a boutique intellectual property firm.

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