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: Construction Attorney BlogNon-signatories bound by arbitration agreement in wrongful death case
By Werner Sabo
The Fifth Circuit Court of Appeals, in Graves v. BP America Inc., No. 8-40575 (May 6, 2009), has held that the surviving spouse and children of a worker killed in an accident were bound by the decedent's employment agreement that contained an arbitration provision. The plaintiffs claimed that their wrongful death action was not subject to arbitration. The appellate court found that a wrongful death action is derivative of a decedent's rights. Therefore, this action was also premised on the employment agreement and was subject to arbitration.
Full post as published by Construction Attorney Blog on May 13, 2009 (boomark / email).
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