When the principal fight is over whether or not the court has appellate jurisdiction, you can usually bet one side is pursuing victory on a "technicality." That is not meant as a slam, since "technicalities" are what keeps the law from sliding down a slippery slope into general courts of equity. Here the issue was a recent per curiam decision by the 5th Circuit, Cerveceria Cuauhtemoc Moctezuma S.A. de C.V. v. Montana Beverage Co., 330
F.3d 284 (5th Cir. 2003)(per curiam)[pdf] which contained language permitting the plaintiff employee to argue that the appeals court only had jurisdiction if the district court had first found that an agreement to arbitrate existed, and then failed to enforce it for other grounds. Since the court below had concluded there was not an agreement, there was no jurisdiction. A good argument but unavailing, as the Court declined to read Cerveceria in such a manner, instead saying if it in fact did say that, it would have been wrong and a violation of prior 5th Circuit law. May v. Higbee Company (5th Cir. 6/8/04) [pdf].
It was just not the plaintiff's day on the merits either. The Court held that Dillard's construction of how its mandatory arbitration plan documents worked was correct. When the employee signed the acknowledgement of receipt of the plan, it was not inconsistent to have the plan say that she agreed to arbitration by her continued employment. The trial court had used those phrases to find ambiguity and allow the employee's oral testimony that she had been told that the arbitration agreement would not apply to her and that she was only signing an acknowledgement that she received the document. Instead, the Court noted the purpose of the acknowledgement was to inform her how she was to assent, which was to continue to be employed. She remained employed, she assented -- not only under the governing law of Mississippi, but also of a number of other states including Texas. So, on to arbitration.
Investing for Beginners
Natural Protein Supplements
Education Service Network
Web Design Trends
Small Business Loans
luxury travel and tourism
Online Personal loan
Auto Part Repair
Instant Payday Loans Information
Business Web Design Services
Education Psychology Therapy
Home Business Ideas
Natural Skin Care
Small Business Loans
Business Loans and Finance
Information About Technology Web Design
Drug Rehab Center
Business Plan Consulting
Small business web design
Information Of Software And Technology
Drug Abuse (Mechanism of Drug Abuse and Dependence)
Skin Care and Beauty
Breast Cancer Care and Treatment
Cosmetic Dermatology and Aesthetic Surgery
Destination Vacation Travel
Cancer Antioxidant And Vitamins
Personal Financial Management
Healthy Calories and Weight loss
Small business web design
Lawyer and Legal Information
Healthy Men
lawyer education
Real Estate Property And Contraction
Investing for Beginners
Natural Protein Supplements
Education Service Network
Web Design Trends
Small Business Loans
luxury travel and tourism
Online Personal loan
Auto Part Repair
Instant Payday Loans Information
Business Web Design Services
Education Psychology Therapy
Home Business Ideas
Natural Skin Care
Small Business Loans
Business Loans and Finance
Information About Technology Web Design
Drug Rehab Center
Business Plan Consulting
Small business web design
Information Of Software And Technology
Drug Abuse (Mechanism of Drug Abuse and Dependence)
Skin Care and Beauty
Breast Cancer Care and Treatment
Cosmetic Dermatology and Aesthetic Surgery
Destination Vacation Travel
Cancer Antioxidant And Vitamins
Personal Financial Management
Healthy Calories and Weight loss
Small business web design
Lawyer and Legal Information
Healthy Men
lawyer education
Real Estate Property And Contraction
Online Payday Cash Loans
Online Music Stores
Programming and Computer Software
Healthy Diet
Insurance For Property Protection
Small Business Consulting
Credit And Loan Advice
University College Online
Payday Loan Consulting
Business Corporate Entertainment
Gadgets And Electronics
Education for health
Personal Loans College Students
Online Casino Gambling
Interior Home Design and Decorating
Health Education Centers
Home Design Plans
Finance Auto Sales
Health effects of drug abuse
Drugs And Supplement
Unsecured Personal Loans Online
Health Care Insurance
Popular Posts
-
This afternoon two juries in two separate London Crown Courts have delivered their verdicts in cases which have involved Defendants that hav...
-
A balmy 11 degrees but with a fairly stiff south-westerly wind and with the skies changing from bright to threatening as the race progressed...
-
In the blowing ambiance of the law, to accurate any abridgement of confidence, vulnerability or self-doubt has commonly been admired as...
-
There has been considerable media interest in the reaction of the Criminal Justice System to the summer rioting that broke out in many major...
-
The current civil litigation surrounding whether the Ka-Nefer-Nefer mummy mask is contraband is worth following given the current legal argu...
-
A first for me, I turned up on Saturday afternoon to the first race of the Imperial Winter Series as a spectator and to show a bit of suppor...
-
We have now come to the end of a terrific summer of cycling (well almost, I hope to catch some of the Tour of Britain this Sunday). The day...
-
Marie Vesco was a young (19 year old) French woman with high ideals, priniciples and integrity. She was an environmentalist and so chose to...
-
The BeyondChron, a San Francisco alternative newspaper has an interesting article by Randy Shaw , The Obama/Progressive Agenda: A Progress R...
-
Have you anytime noticed that Attorneys are not such nice people? It is because they do not reside in the absolute world, but rather a ...
Blogroll
azplanningforwildlife.com
m2tvchannel.com
bapedaldaprovjambi.com
kreis-dl.net
news-1212.com
landratsamt-doebeln.net
landkreis-doebeln.net
canadiangoldreserves.net
chicagohearse.com
tattooremovalessex.com
braziltrade-uae.com
333asia.com
calliemacdesigns.com
gemdoc.net
simplefoodjuiceplus.com
postabortionstresssyndrome.com
descendingpath.com
casadopinhole.net
myspeechandlanguage.net
sezambook.com
rerecognition.info
bebetsy.info
carsoncitybraces.info
summitcardiology.info
sanfojiangsi.info
trailheadgeararchery.info
immigrationconnect.info
nhhomeless.info
tundradialogues.info
ibexretail.com
kreis-dl.com
agiles-eam.com
bestbcgolfcourse.com
niittyneito.com
yenikapimevlevihanesi.com
hnr100.com
eplogin.com
richard-wagner-festival.com
landratsamt-doebeln.com
lra-doebeln.com
terrecatalane.com
thesmarterhybrids.com
Political Science,Politics And Religion,Lamp For Home,Internet Media Services,Book Holidays Online,Electric Car Engine,House And Garden Magazine,Fashion Art Music,Allobits Business Finance Solutions,Amelia Island Living,Sectb Business management,Biblepl College And University,Synergysigns Home Furniture,Marketing and Promotion,Meristem Nature,Success Business,Food and Nutrition,New Health Foundation,Real Estate Designer,Chase Auto Loans,Economic and Business Review,Business Insurance Quotes,Gambling Commission,Game and Media Technology,TakingBusinessOpportunities,MedicalCenter,FashionModelling,FashionCelebrity,BusinessMarketing,ComputersandTechnology,SubjectAboutTechnology,Children'sEducation,EconomicsBusinessandFinance,Entertainment,BusinessAccounting,HealthTechnology,AirHealth,BodyHealth,HousingDesigners,ArtsandEntertainment,GamingTournament,ForexEducation,HomeDesignIdea,BeautyClinic
Professional Translation
Streaming Wizard
Alcoholism and Drug
Medical Laboratory
Commerce Business
Educational Kids Play
Space Education
Home Repair Volunteer
Fashion Talent
Health and Safety Executive
Play Web Games
Travel and Surfing
Property and Estate Agents
Technology Group Solutions
Student Service Center
Construction Industry
Media Center Computer
Teny Fashion
Home Remodeling Services
Inspector Network
Car Rentals
Leader Dogs
Rise Health Systems
Business Strategy Consultant
Personal Life Coaching
Company Business Coaching
Entertainment News
Physics and Astronomy
Science and Technology
Cheap Vacation Packages
World Business Academy
Planets Project
Travel and Leisure
Prevent Drug Abuse
Education Certified
Play Kids Games
Legal Defense Fund
Real Estate Strategies
Isolation Globale
Insurance Coverage Law
Rock Hotel and Resorts
Medical Insurance
Healthy Mind and Body
Marjahaan Autokatsastus
Free Sports Authority
Auto Insurance Coverage
Global Technics
Advitium Manufacturing
Professional Core Education
Special Finance Services
Bergen County Contractors
Great Children's Art
Health Supply Company
Social Media Power
Texas House Restaurant
Carbon Consultant
Carbon Expert
Low Carbon
Reset Carbon
Healthcare Commissioning
Virtual Job Tryouts
Ethos Academy (Education)
Intrinsic Schools
Attorney General
Technology Software
Business Plans
Digital Media
High School Resources
Adult Resources
Gamblers Anonymous
Ecuador Real Estate
Software Development
Festival Fashion
Drugs And Alcohol
Food Network Recipes
Journal Human Resources
Games and Technology
Technology Development
Web Resources Express
Payday Loans Bad Credit
Art and Craft
Business and Finance News
Ecological Sciences
Education Resources
Web Design
Music Education
World Resources Institute
Business Health Guide
Personal Life Coaching
Company Business Coaching
Entertainment News
Physics and Astronomy
Science and Technology
Cheap Vacation Packages
World Business Academy
Planets Project
Travel and Leisure
Prevent Drug Abuse
Education Certified
Play Kids Games
Legal Defense Fund
Real Estate Strategies
Isolation Globale
Insurance Coverage Law
Rock Hotel and Resorts
Medical Insurance
Healthy Mind and Body
Marjahaan Autokatsastus
Free Sports Authority
Auto Insurance Coverage
Global Technics
Advitium Manufacturing
Professional Core Education
Special Finance Services
Bergen County Contractors
Great Children's Art
Health Supply Company
Social Media Power
Texas House Restaurant
Carbon Consultant
Carbon Expert
Low Carbon
Reset Carbon
Healthcare Commissioning
Virtual Job Tryouts
Ethos Academy (Education)
Intrinsic Schools
Attorney General
Technology Software
Business Plans
Digital Media
High School Resources
Adult Resources
Gamblers Anonymous
Ecuador Real Estate
Software Development
Festival Fashion
Drugs And Alcohol
Food Network Recipes
Journal Human Resources
Games and Technology
Technology Development
Web Resources Express
Payday Loans Bad Credit
Art and Craft
Business and Finance News
Ecological Sciences
Education Resources
Web Design
Music Education
World Resources Institute
Business Health Guide
Archives
-
▼
2004
(379)
-
▼
June
(18)
- 5th Circuit Panel Looks At Cat's Paw Theory
- Not A Million Dollar Verdict, But A Million+ Dolla...
- Mixed Motive Analysis Applicable in ADEA Cases Acc...
- Let's Hope They Don't Try To Outdo Each Other
- Excluded from the FAA, But Not from Arbitration
- Apologies for Lack of Posting
- Texas Supreme Court Turns Back Employee Class Action
- Sex Discrimination is Sex Discrimination - The End...
- Weingarten Rights Do, Do Not, Do, DO NOT Apply to ...
- Viagra = More Insurance Coverage For Contraceptives
- Constructive Discharge and Ellerth/Faragher - The ...
- Resume Fibbing - More Cautionary Tales
- 5th Circuit Clarifies Appellate Jurisdiction in At...
- Transsexual Discrimination - By Definition Sex Ste...
- Optimism and Expectations in the Workplace
- A View from the Academic World
- 1 in 4 - Your Odds of Being Sued By an Employee Th...
- It's On The Way - Bullying Policy In Florida School
-
▼
June
(18)