Legal Opinion · Dissent

Jones v. Halliburton Co.

Court of Appeals for the Fifth Circuit

Decided September 15, 2009No. 08-20380Published

1DissentDeMOSS, Circuit Judge

I respectfully dissent from the majority’s opinion on the basis that Jones’s tort claims are related to her employment.

The arbitration clause states, in relevant part, that “any and all claims [Jones] might have against the company related to [her] employment ... and any and all personal injury claims arising in the workplace” are subject to binding arbitration. Arbitration clauses purporting to cover all disputes “related to” an employee’s employment are interpreted to cover “all disputes between the parties having a significant relationship to the contract regardless of the label attached…

2Cases cited5 opinions

  1. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  2. Banc One Acceptance Corp. v. HillCourt of Appeals for the Fifth Circuit · 2004
  3. Personal Security & Safety Systems Inc. Richard R. Jaffe v. Motorola Inc.Court of Appeals for the Fifth Circuit · 2002
  4. William M. O'keeffe, Deputy Commissioner, United States Department of Labor v. Pan American World Airways. Inc.Court of Appeals for the Fifth Circuit · 1964
  5. Barker v. Halliburton Co.District Court, S.D. Texas · 2008

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