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McCAULEY v. HALLIBURTON ENERGY SERVICES, INC.

No. 05-6011.

413 F.3d 1158 (2005)

Rodney McCAULEY, Jeri McCauley, Garrison McCauley, Madison McCauley, and Whitney McCauley, Plaintiffs Appellees, v. HALLIBURTON ENERGY SERVICES, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2005.

Attorney(s) appearing for the Case

W. Carl Jordan, Vinson & Elkins, L.L.P., Houston, Texas (Vanessa Griffith, Vinson & Elkins, Dallas, Texas, with him on the motion to stay appeal), for Defendant-Appellant.

Derrick T. DeWitt, Whitten, Nelson, McGuire, Terry & Roselius, Oklahoma City, Oklahoma (Kent R. McGuire, Whitten, Nelson, McGuire, Terry & Roselius, Oklahoma City, Oklahoma with him on the response to the motion to stay appeal), for Plaintiffs-Appellees.

Before SEYMOUR, McCONNELL and TYMKOVICH, Circuit Judges.

SEYMOUR, Circuit Judge.

Rodney McCauley and his former employer, Halliburton Energy Services, Inc., are parties to an agreement to arbitrate all claims that fall within the scope of Halliburton's Dispute Resolution Program (DRP). In December 2002, Mr. McCauley was injured while applying foam insulation to the exterior of a bulk tank owned by Halliburton. Based on the injuries he sustained as a result of the accident as well as Halliburton's actions in its decision...

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