More fallout from ruling on recess appointments as D.R. Horton challenges decision on class action waivers

, The National Law Journal


The U.S. Court of Appeals for the D.C. Circuit shook up both Washington and Wall Street last Friday, when it invalidated President Obama's January 2012 recess appointments of three members of the National Labor Relations Board. Now D.R. Horton, a company that's been tangling with the NLRB in a key case dealing with employer arbitration agreements, wants the U.S. Court of Appeals for the Fifth Circuit to extend the D.C. Circuit's reasoning to another NLRB member who was appointed nearly three years ago.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

  • ponsoldt

    by "the u.s. court of appeals for the d.c. circuit" you actually mean a couple of republican ideologue politicians who happen to have been appointed to the federal bench after signfiicant litmus-testing, right? so why don't you say it?

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202586384172

Thank you!

This article's comments will be reviewed.