5th Circ. Recalls DR Horton Mandate To Allow Rehearing

Law360, Los Angeles (February 4, 2014, 7:49 PM EST) -- The Fifth Circuit on Tuesday agreed to take back a recently issued mandate in the National Labor Relations Board's legal battle with D.R. Horton Inc., allowing the NLRB a 45-day window to decide whether to petition for a rehearing of the court's ruling rejecting its decision prohibiting class action waivers in arbitration agreements.

According to a brief order, the appellate court granted the NLRB's unopposed motion to recall the mandate. The NLRB filed the motion late last month, looking to preserve its opportunity to seek rehearing...
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