Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the Fifth Circuit/photo courtesy of Temple Webber
In a ruling that could have lawyers double-checking the signature blocks on all manner of arbitration clauses, the U.S. Court of Appeals for the Fifth Circuit has invalidated an agreement because the employer failed to sign it.
The case, Huckaba v. Ref-Chem, involves a sex discrimination and retaliation lawsuit filed by Kimberly Huckaba against her former employer, Ref-Chem, in a U.S. District Court in Midland. Ref-Chem moved to dismiss the lawsuit and compel arbitration, and provided the court with an arbitration agreement that had been signed by Huckaba, according to the decision.
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