Justia U.S. 5th Circuit Court of Appeals Opinion SummariesArticles Posted in Arbitration & Mediation
IMA, Inc. v. Columbia Hospital Medical City
Colulmbia City seeks to compel IMA to arbitrate a dispute involving unreimbursed medical fees. The parties are connected by a series of intermediary agreements within a preferred provider organization (PPO) network that allows patients in covered health plans to receive medical services from participating hospitals at discounted rates, and one of these agreements contains an arbitration clause. It is undisputed that IMA is not a party or signatory to the Hospital Agreement that contains the arbitration clause.The Fifth Circuit affirmed the district court's denial of Columbia Hospital's motion to compel arbitration. Applying Texas law, the court concluded that the district court correctly applied this circuit's precedent that knowledge of the agreement requires knowledge of the contract's basic terms. In this case, the district court did not clearly err in concluding, based on the record before it, that IMA lacked the requisite knowledge of the Hospital Agreement and its basic terms to be compelled to arbitrate under direct benefits estoppel. Alternatively, the court declined, contrary to Columbia Health's assertions, to construe the series of contracts between IMA, PPOplus, HealthSmart and Columbia Hospital as a unified contract. View "IMA, Inc. v. Columbia Hospital Medical City" on Justia Law
International Energy Ventures Management, LLC v. United Energy Group, Ltd.
The Fifth Circuit reversed and remanded with instructions to deny IEVM's motion to compel arbitration and to enter judgment for UEG. The court concluded that the parties failed to contract around the general rule that courts resolve litigation-conduct waivers. Therefore, the arbitrators exceeded their authority in resolving the issue here.Applying the substantial invocation analysis, the court concluded that IEVM substantially invoked the judicial process to UEG's detriment. In this case, IEVM sued UEG in state court without saying anything about arbitration; demanded a jury trial and paid the required fee; filed a motion to remand the action to state court and appealed the district court's denial of that motion; vigorously defended the existence of personal jurisdiction in Texas and appealed the district court's personal jurisdiction dismissal; and sought rehearing en banc after this court affirmed the district court's removal and jurisdictional holdings. Furthermore, UEG has made the requisite showing of prejudice where, among other things, IEVM's persistent pursuit of litigation required UEG to defend its interests, and UEG incurred significant fees and costs. View "International Energy Ventures Management, LLC v. United Energy Group, Ltd." on Justia Law
Polyflow, LLC v. Specialty RTP, LLC
The Fifth Circuit reversed the district court's order denying Polyflow's motion to compel arbitration with Specialty and its president. After determining that there is federal jurisdiction under a "look-through" analysis, the court concluded that the district court erred by denying the motion to compel arbitration in a single-sentence order without analysis.Applying the strong presumption in favor of arbitrability, the court concluded that the arbitration language in the parties' settlement agreement is broad. The court then applied a claim-by-claim review and concluded that it reinforces the contract's language. The court explained that the bulk of Specialty's arguments to the contrary are for an arbitrator to review. The court answered the question of law and concluded that Polyflow did not waive arbitration by availing itself to the judicial process. Accordingly, the court remanded with instructions that the parties be ordered into arbitration. View "Polyflow, LLC v. Specialty RTP, LLC" on Justia Law
Jones v. Michaels Stores, Inc.
After plaintiff agreed to arbitrate employment disputes with her former employer, Michaels, the arbitrator ruled against her. Plaintiff then tried to sue Michaels in federal court, challenging the same termination on a different theory: that it amounted to discrimination and retaliation in violation of Title VII. A new arbitrator ruled that res judicata barred the Title VII claims because they arose from the same transaction at issue in her first arbitration.The Fifth Circuit affirmed the district court's confirmation of the arbitration order. The court explained that the district court correctly recognized some murkiness in the circuit's manifest-disregard caselaw. The court emphasized that manifest disregard of the law as an independent, nonstatutory ground for setting aside an award must be abandoned and rejected. See Citigroup Glob. Mkts., Inc. v. Bacon, 562 F.3d 349, 358 (5th Cir. 2009). The court concluded that Citigroup Global is still binding precedent and resolves this case. In this case, plaintiff relies on manifest disregard as a freestanding ground for vacatur, untethered to any of the Federal Arbitration Act's (FAA) four grounds for vacatur. Because plaintiff does not invoke any statutory ground for vacatur, her appeal cannot overcome the court's instruction that "arbitration awards under the FAA may be vacated only for reasons provided in 9 U.S.C. 10." View "Jones v. Michaels Stores, Inc." on Justia Law
Robertson v. Intratek Computer, Inc.
A federal whistleblower statute, 41 U.S.C. 4712, does not render unenforceable an arbitration agreement between plaintiff and his former employer, Intratek. The Fifth Circuit held that the district court correctly enforced the arbitration agreement between plaintiff and Intratek. However, the court held that the district court erred in compelling arbitration of claims not covered by that agreement. Finally, the court held that the district court did not abuse its discretion by denying plaintiff's motion to amend the complaint. Therefore, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Robertson v. Intratek Computer, Inc." on Justia Law
Badgerow v. Walters
After a panel of arbitrators issued an arbitration award dismissing all of plaintiff's claims against Ameriprise and three of its franchise advisors, plaintiff then filed a petition in Louisiana state court to vacate that arbitration award, as to certain defendant parties. Defendants removed to state court; plaintiff moved to remand; and the district court held that it did have subject-matter jurisdiction over the petition to vacate and thus denied remand. The district court ruled on the removed petition to vacate, denying plaintiff's claims with prejudice. At issue in this appeal is the jurisdiction of the federal court over the petition to vacate.The Fifth Circuit affirmed and held that, applying the look-through analysis, the district court correctly found that the federal claim against Ameriprise in the FINRA arbitration proceeding meant that there was federal subject-matter jurisdiction over the removed petition to vacate the FINRA arbitration dismissal award. Therefore, the district court correctly denied plaintiff's motion to remand the action to vacate to Louisiana state court. View "Badgerow v. Walters" on Justia Law
OOGC America, LLC v. Chesapeake Exploration, LLC
OOGC filed suit to vacate two arbitration awards favoring Chesapeake on the basis of an arbitrator's failure to disclose connections with certain non-parties. The Fifth Circuit vacated the district court's decision to vacate the awards and remanded with instructions to confirm the arbitration awards within thirty days of the issuance of the mandate. The court held that the district court erred by vacating the arbitration awards for "evident partiality" under 9 U.S.C. 10(a)(2). Furthermore, resolving all doubts or uncertainties in favor of upholding the awards, the court held that OOGC has not shown an adequate basis for vacatur under 9 U.S.C. 10(a)(4) and rejected OOGC's argument that the arbitrator exceeded his powers here.The court affirmed the district court's denial of the arbitrator's motion to intervene because the district court was without jurisdiction to rule upon the intervention motion once the plaintiff had filed his notice of appeal. Because the court vacated the district court's decision, the court denied the arbitrator's motion to intervene as moot. View "OOGC America, LLC v. Chesapeake Exploration, LLC" on Justia Law
Texas Workforce Commission v. United States Department of Education
The Commission alleged that the Army violated the Randolph-Sheppard Act by failing to give priority to blind vendors in the bidding process for a vending facility services contract at an Army base cafeteria. After the arbitration panel found in favor of the Army, the Commission appealed the panel's decision.The Fifth Circuit affirmed the district court's grant of summary judgment in favor of the Commission. The court held that the statutory language is ambiguous; applied the presumption against ineffectiveness; supported a broader interpretation of "operate" in the context in which it is used within the Act; and held that the district court did not err in holding that the Act may apply to Dining Facility Attendant (DFA) contracts generally. In this case, the DFA contract at issue is subject to the Act and the Army violated the Act by not giving the Commission priority in the bidding process. View "Texas Workforce Commission v. United States Department of Education" on Justia Law
Colonial Oaks Assisted Living Lafayette, LLC v. Hannie Development, Inc.
After Buyers purchased two care facilities from Sellers, Buyers filed suit alleging that Sellers made fraudulent or, at best, negligent misrepresentations in the parties' sale agreements. Buyers also brought claims against Sellers' representatives in their individual capacities.The Fifth Circuit affirmed the district court's dismissal of Buyers' claims with prejudice for failure to state a claim. The court held that the district court properly dismissed Buyers' non-fraud claims for negligent misrepresentation and breach of contractual representations and warranties because these claims were subject to arbitration. In regard to the remaining claims, the court held that Buyers have not adequately pleaded a misrepresentation with respect to both facilities and thus they failed to meet the particularity requirements of Federal Rule of Civil Procedure 9(b). Therefore, because there was no misrepresentation, there was no fraud. View "Colonial Oaks Assisted Living Lafayette, LLC v. Hannie Development, Inc." on Justia Law
Vantage Deepwater Co. v. Petrobras America, Inc.
The Fifth Circuit affirmed the district court's order confirming a $622 million arbitration award. The parties are oil and gas companies incorporated in different countries, and the dispute arose from the Agreement for the Provision of Drilling Services (DSA). About two years into the DSA's term, Vantage and Petrobras executed the Third Novation and Amendment Agreement, which included an arbitration clause.As a preliminary matter, the court stated that it need not decide the issue of whether the appeal waiver was enforceable. On the merits, the court held that there was no public policy bar to confirmation of the arbitration award. In this case, the district court did not engage in inappropriate deference to the arbitrator's decision and the district court did not base its decision just on "mutual mistake." The court also held that Petrobras has not shown that the district court abused its discretion in denying the discovery motions. Finally, the court rejected Petrobras' motion to vacate the arbitration award. View "Vantage Deepwater Co. v. Petrobras America, Inc." on Justia Law