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Kubala. v. Supreme Production Services, Inc., No. 15-41507, Fifth Circuit Court of Appeals (July 20, 2016)

Articles Discussing Case:

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

Ogletree Deakins • August 03, 2016
In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator. Whether the arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act (FLSA) claim was a legitimate question, the court found but one that should be answered by an arbitrator and not a judge. Kubala. v. Supreme Production Services, Inc., No. 15-41507, Fifth Circuit Court of Appeals (July 20, 2016).