PEDCOR MANAGEMENT v. NATIONS PERSONNEL OF TEXAS

No. 02-20878.

343 F.3d 355 (2003)

PEDCOR MANAGEMENT COMPANY, INC. WELFARE BENEFIT PLAN, Appellant, v. NATIONS PERSONNEL OF TEXAS, INC.; Human Resource Solutions Inc., a corporation; Employee Welfare Benefit Plan of Human Resource Solutions Inc.; Comprehensive Employee Solutions; Employee Welfare Benefit Plan of Comprehensive Employee Solutions; Total Leasing Co., a corporation; Employee Welfare Benefit Plan of Total Leasing Co.; Rock City Mechanical Inc.; Employee Welfare Benefit Plan of Rock City Mechanical Inc.; Bureau of Wholesale Sales Representatives Inc.; Employee Welfare Benefit Plan of Connelly Management Inc.; Connelly Management Employee Plan; Family Express Corp.; Continental Design & Engineering Inc.; Continental International Inc.; R & R Machine & Engineering Inc.; Mid-City Office Systems Inc.; Brockton Companies LP, Plaintiffs-Appellees. v. North American Indemnity, NV, a corporation of Belgium, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 13, 2003.


Attorney(s) appearing for the Case

G. Daniel Kelley, Edward Price Steegmann, Ice Miller, Indianapolis, IN, for Appellant.

Jeffrey Lloyd Joyce, Winstead, Sechrest & Minick, Houston, TX, for Plaintiffs-Appellees.

William Chris Wolffarth, Johnson & Wolffarth, Dallas, TX, for Nations Personnel of Texas, Inc.

John Anthony Claro, Rainey, Goodwin, Mee & Martin, Oklahoma City, for Human Resource Solutions, Inc., Comprehensive Employee Solutions, Total Leasing Co., Rock City Mechanical, Inc. and Connelly Management Employee Plan.

Vincent Busschaert, Liedekerke, Wolters, Waelbroeck, Kirkpatrick, Brussels, Belgium, for Defendant-Appellee.

Before WIENER, CLEMENT and PRADO, Circuit Judges.


WIENER, Circuit Judge:

Appellant Pedcor Management Company, Inc. Employee Welfare Benefit Plan ("Pedcor") challenges the district court's class certification order for arbitration of claims brought by Plaintiffs-Appellees Employer Self-Funded ERISA Plans ("Plans") against Defendant-Appellee North American Indemnity, NV ("NAI"). For the following reasons, we vacate and remand.

I. FACTS AND PROCEEDINGS

NAI is a Belgian-incorporated insurance company...

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