law-arbitration-workplace-injury-claims ADR cases case law | law-arbitration-non-signatories | arbitration mandamus |
Federal Arbitration Act FAA | Federal vs State Arbitration Act | Preemption of the TAA by the FAA | challenging arbitration
agreements | | void contracts | unconscionable | unenforceable contractual provisions | arbitration clauses | petitions
applications to confirm arbitration awards | waiver of right to enforce arbitration agreement |
OCCUPATIONAL INJURY | WORKPLACE INJURY & ARBITRATION
TEXAS SUPREME COURT ARBITRATION CASE LAW
In re 24R, Inc dba The Boot Jack, No. 09-1025 (Tex. Oct. 22, 2010)(per curiam)(arbitration compelled in
employment context)(mandamus granted)
IN RE 24R, INC., D/B/A THE BOOT JACK; from Hidalgo County; 13th district (13-09-00359-CV, ___ SW3d
___, 09-22-09)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants the writ of mandamus.
Per Curiam Opinion [pdf]
View Electronic Briefs in 09-1025 IN RE 24R, INC., D/B/A THE BOOT JACK
In Re Odyssey Healthcare, Inc., No. 09-0786 (Tex. May 7, 2010) (per curiam opinion)
(arbitration mandamus granted in employment injury case against nonsubscriber employer, challenges based
on public policy, unconscionability and Tenth Amendment fail)
In this negligence case, we must decide whether the trial court abused its discretion by refusing to grant the relator’s motion to
compel arbitration. We conclude that it did. Here, the real party in interest failed to prove a valid defense against enforcement of
her agreement to arbitrate disputes with her employer. Accordingly, we conclude the trial court abused its discretion in failing to
compel arbitration, and we conditionally grant the writ of mandamus.
IN RE ODYSSEY HEALTHCARE, INC. AND GEORGE PORTILLO; from El Paso County;
8th district (08-09-00174-CV, ___ SW3d ___, 08-12-09) stay order issued October 9, 2009, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants the writ of mandamus.
Per Curiam Opinion [pdf]
Workplace Injury Claims sent to Arbitration - Postinjury Waiver Restriction under Texas Law Held
Not Applicable
In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)(arbitration under FAA compelled by
mandamus in dispute over personal injuries sustained at work)(correct identification of employer was an issue,
but did not defeat employee's duty to arbitrate claim against "company" / employer, conclusory affidavit
offered)
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04-08-00469-CV, ___ SW3d ___, [per curiam
opinion of the San Antonio Court of Appeals denying mandamus relief] 07-23-08)
stay order issued October 10, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants the petition for writ of mandamus.
Per Curiam Opinion [pdf]
Nonsignatories Compelled to Arbitrate Claim Against Dead Worker's Employer
In re Labatt Food Service, LP, No. 07-0419 (Tex. 2009)(Johnson)
(arbitration mandamus, arbitration of wrongful death claim by nonsignatories compelled)
IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district (04-07-00312-CV, ___ SW3d ___, 05-
16-07)
The Court conditionally grants the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court.
In re Poly-America, L.P., 262 S.W.3d 337, No. 04-1049 (Tex. Aug. 29, 2008)(O'Neill)
(arbitration in employment context, retaliatory discharge, mandamus review of order compelling arbitration,
violation of public policy, severability)
IN RE POLY-AMERICA, L.P., IND. AND D/B/A POL-TEX INTERNATIONAL, AND POLY-AMERICA GP, L.L.C.;
from Chambers County; 1st district (01-03-01055-CV, 175 SW3d 315, 09-09-04)
The Court conditionally grants the petition for writ of mandamus.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion.
(Justice Willett not sitting)
COURT OF APPEALS CASES ON INJURY AT WORK & ARBITRATION
In Re ReadyOne, No. 08-08-00221-CV (Tex.App.- El Paso, Aug. 19, 2009)
(arbitration mandamus granted, workplace injury claim, no waiver of right to arbitrate)
MOTION OR WRIT GRANTED: Opinion by Chief Justice Chew
Before Chief Justice Chew, Justice McClure, The Honorable Gomez
08-08-00221-CV In Re: ReadyOne Industries, Inc. and Amalia Lopez
Appeal from of County