Category Archives 5th Circuit

Although not arising in either the Eighth or Tenth Circuits, the Fifth Circuit's opinion in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013) was widely anticipated because of the underlying decision's apparent incongruity with the Supreme Court's decision in AT&T Mobility LLC v. Concepcion.  Our awesome colleagues Bill Martucci and Ashley Schawang from SHB's National Employment Litigation & Policy Practice have provided us with a great snapshot of the decision: The Fifth Circuit Court of Appeals has overruled the National Labor Relations Board’s (NLRB’s) determination that class-arbitration waivers violated the National Labor Relations Act (NLRA). D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). In upholding the class waiver in D.R. Horton’s arbitration agreement, the Fifth Circuit joined its sister circuits. The issue arose in the context of an employee’s claim that the arbitration agreement’s class-action waiver was an unfair labor practice under the NLRA. The employee and a nationwide class had…

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