NEWMAN v. PLAINS ALL AMERICAN PIPELINE, L.P.

No. 21-50253.

23 F.4th 393 (2022)

Kenneth NEWMAN, individually and, on behalf of All Others Similarly Situated, Plaintiff-Appellee, Cypress Environmental Management-TIR, L.L.C., Intervenor-Appellee, v. PLAINS ALL AMERICAN PIPELINE, L.P., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 7, 2022.


Attorney(s) appearing for the Case

Richard J. Burch , Andrew Wells Dunlap , Julianne Lomax , Josephson Dunlap Law Firm, Houston, TX, for Plaintiff-Appellee.

Rachel Cowen , Counsel, McDermott Will & Emery, L.L.P., Chicago, IL, Nicole Figueroa , McDermott Will & Emery, L.L.P., Dallas, TX, for Intervenor-Appellee.

Mark Douglas Temple, Esq. , Paul Michael Knettel , Peter Justin Stuhldreher, Esq., Baker & Hostetler, L.L.P., Houston, TX, for Defendant-Appellant.

Before King, Costa, and Willett, Circuit Judges.


A pipeline-inspection firm hired some inspectors. Their employment agreement contained an arbitration provision. The firm sent the inspectors off to work for a client company. The inspectors eventually sued the client for alleged Fair Labor Standards Act violations. They did not sue their firm. The client moved to...

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