In the Matter of: Jon Amberson, No. 21-50960 (5th Cir. 2023)
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Appellant, his law firm, and Amberson Natural Resources (“ANR”) (collectively “Amberson”) moved for rehearing by the Fifth Circuit. Though successful in convincing a majority of the panel that it has authority to consider the argument that a claim was not arbitrable, Amberson then lost on the merits of that argument. Amberson alleged that the Fifth Circuit erred in three ways: (1) it should not have considered the arbitrator’s fact findings in deciding the validity of the state court’s compelling of arbitration; (2) the state court record does not support that all the claims were intertwined; and (3) the appellees’ state court pleadings do not support the court’s finding of alter ego.
The Fifth Circuit denied the petition for rehearing. The court explained that Amberson cites no Texas caselaw that the evidence to support the validity of interlocutory orders reviewed on appeal after a final judgment must come only from the part of the record that existed when the orders were entered. Moreover, Amberson’s briefing, though, did not meaningfully dispute the accuracy of the arbitrator’s fact-findings. The arbitrator’s opinion contained the best summary of the facts. Absent any argument that the findings were erroneous, acceptance of the summary was proper and undue deference was not given to the arbitrator as to fact-findings.
This opinion or order relates to an opinion or order originally issued on November 18, 2022.
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