Cox v. Nabors Drilling USA ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 02-40477
Summary Calendar
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TERRY L. BUCKLEY,
Plaintiff-Appellee,
VERSUS
NABORS DRILLING USA, INC.,
AND
NABORS OFFSHORE CORPORATION,
Defendants-Appellants.
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m 02-40478
Summary Calendar
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PHILLIP COX,
Plaintiff-Appellee,
VERSUS
NABORS DRILLING USA, INC.,
Defendant-Appellant,
NABORS OFFSHORE CORPORATON,
Appellant.
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Appeals from the United States District Court
for the Southern District of Texas
m G-01-CV-623
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October 8, 2002
Before HIGGINBOTHAM, SMITH, and its arguments on that point.
CLEMENT, Circuit Judges.
Nabors mentions the issue only in its reply
*
PER CURIAM: brief. Arguments raised for the first time in a
reply brief are waived, and we will not address
Nabors Drilling USA, Inc., and Nabors Off- them. Cavallini v. State Farm Mut. Auto. Ins.
shore Corporation (together referred to as Co., 44 F.3d 256, 260 n.9 (5th Cir. 1995).
“Nabors”) appeal the denial of a motion to Therefore, the judgment is AFFIRMED on the
compel arbitration and to stay proceedings ground that Nabors failed to establish the ex-
pending arbitration under §§ 3 and 4 of the istence of a binding agreement between the
Federal Arbitration Act (“FAA”). The district parties.
court denied the motion on the ground that the
arbitration provisions in question are exempted
by § 1 of the FAA as contracts of employment
involving seamen. In the alternative, the court
held that even assuming the FAA is applicable,
Nabors failed to establish the existence of a
valid arbitration agreement.
We pretermit comment on the district
court’s decision concerning the proper scope
of § 1, because resolution of that complicated
issue is unnecessary in this case. Even if the
district court is right to say that the arbitration
provisions are exempted, Nabors failed to raise
or argue the district court’s alternative holding
as an issue in its opening brief and thus waived
*
Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be pub-
lished and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
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