Still Litigating Arbitration In The Fifth Circuit, But Less Often



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Texas Tech Law Review


By opinion numbers, litigation of arbitration appears to be down in the Fifth Circuit. Successful challenges to arbitration are up. Of thirteen opinions turning on the motion to compel question during the survey period, the Fifth Circuit did not compel six of them to arbitration.



Arbitration, MAPP Construction, L.L.C. v. M&R Drywall, Inc., Vaden v. Discover Bank, Agere Systems, Inc. v. Samsung Electronics Co., Vinewood Capital, L.L.C. v. Dar Al-Maal Al-Islami Trust, Gulfside Casino Partnership v. Mississippi Riverboat Council, Arthur Andersen L.L.P. v. Carlisle, Graves v. BP America, Sherer v. Green Tree Servicing L.L.C., Wood v. Penntex Resources, L.P., Baudoin v. Mid-Louisiana Anesthesia Consultants, Inc., Omaha Woodmen Life Insurance Society v. JRY, 14 Penn Plaza L.L.C. v. Pyett, Zamora v. Swift Transportation Co., ITT Educational Services, Inc. v. Arce, Nicholas v. KBR, Inc., Judicial review of arbitration awards, In re United States Brass Corp., Rogers v. KBR Technical Services, Inc., Citigroup Local Markets, Inc. v. Bacon, BNSF Railway Co. v. Brotherhood of Maintenance of W ay Employees, Continental Airlines, Inc. v. Air Line Pilots Ass'n, International, In re Notre Dame Investors, Inc.


Donald R. Philbin Jr. and Audrey Lynn Maness, Still Litigating Arbitration In The Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2009-2010)