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Brian Dismuke v. McClinton Energy Group, L.L.C.
670 F. App'x 210
| 5th Cir. | 2016
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Docket

*1 Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

Brian Dismuke sued Tony McClinton (“McClinton”), McClinton Energy Group, L.L.C., and SWECO (“Defendant Companies”) [1] for unpaid overtime *2 Case: 16-50674 Document: 00513724462 Page: 2 Date Filed: 10/19/2016

No. 16-50674

wages under the Fair Labor Standards Act. Dismuke appeals the district court’s order dismissing his claims, compelling arbitration, and denying class certification. He contends that McClinton, who signed the arbitration agreement on behalf of Defendant Companies, could not enforce the arbitration agreement because he was an independent liable employer. This argument is unpersuasive. The district court correctly reasoned that Dismuke’s claims arose from his employment relationship with the Defendant Companies. Moreover, his claims against McClinton were claims against the companies. S ee In re Merrill Lynch Trust Co. FSB , 235 S.W.3d 185, 190 (Tex. 2007) (holding that because claims against a Merrill Lynch broker “are in substance claims against Merrill Lynch, they must abide by their agreement to arbitrate those claims.”).

Also, the arbitration agreement at issue contained a waiver prohibiting class actions. This court is not compelled to reverse its holding that class action waivers in arbitration agreements are enforceable. D.R. Horton, Inc. v. NLRB , 737 F.3d 344, 362 (5th Cir. 2013).

AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

[1] Dismuke subsequently amended his complaint removing Defendant Companies and leaving only Tony McClinton, Individually and as Officer and Director of these companies, in the lawsuit.

Case Details

Case Name: Brian Dismuke v. McClinton Energy Group, L.L.C.
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 19, 2016
Citation: 670 F. App'x 210
Docket Number: 16-50674 Summary Calendar
Court Abbreviation: 5th Cir.
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