5th Circ. Won't Rethink NLRB Reversal In Class Waiver Row

Law360, Los Angeles (May 13, 2016, 7:55 PM EDT) -- The Fifth Circuit on Friday declined to reconsider its October reversal of a National Labor Relations Board ruling which held that Murphy Oil arbitration agreements barring workers from pursuing class actions were unlawful, ending the agency's hopes of challenging a similar case involving D.R. Horton.

The appeals court denied the petition for en banc rehearing without discussion, according to a two-page order.

In October, a divided Fifth Circuit panel held that the agency is bound by the appellate court's December 2013 decision in a case involving homebuilder D.R. Horton Inc. In both the D.R. Horton and Murphy Oil cases, the Fifth...

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