Supreme Court of Texas

Defendant's petition for writs of mandamus, filed in four different cases in which three separate trial courts refused to compel arbitration of plaintiffs' claims against it for negligently repairing foundations of plaintiffs' homes, is conditionally granted for three of the four cases as, the trial courts erred in holding that the Texas General Arbitration Act (TAA), governs the arbitrations, there is no evidence that the arbitration agreements were unconscionable as a matter of law, and all other disputed issues are questions for the arbitrator. However, defendant's mandamus relief is denied in the fourth case as the TAA, and not the Federal Arbitration Act (FAA), governs the arbitration dispute in that case.

Appellate Information

• Decided 12/03/2010
• Published 12/03/2010

Judges

Court

• Supreme Court of Texas

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