United States Fifth Circuit

In a dispute between distributors and Amway, an order staying the case pending arbitration and a judgment denying plaintiffs'-distributors motion to vacate an arbitration award, granting defendant's motion to confirm the award, and entering judgment based upon the award are reversed and remanded where the arbitration agreement was illusory and unenforceable under J.M. Davidson Inc. v. Webster, 128 S.W.3d 223 (Tex. 2003), as applied to the claims asserted in the instant suit.

Appellate Information

• Decided 02/06/2008
• Published 02/07/2008

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brock C. Akers (argued), Michelle Chelvam, Phillips & Akers, A. Glenn Diddel, III, The Diddel Law Firm, Houston, TX, for Plaintiffs-Appellants and Appellants., Thomas C. Walsh (argued), Bryan Cave, St. Louis, MO, Thomas Wilson Taylor, Kendall Matthew Gray, Andrews Kurth, Houston, TX, for Amway Corp., Michael Y. McCormick, McCormick, Hancock & Newton, Houston, TX, for Yager, Wilson, Haugen, Freedom Tools, Inc., Sims and Yager Enterprises and Internet Services Corp., Rick Joseph Abraham, Abraham Law Offices, Columbus, OH, Edward B. McDonough, Jr., McDonough & Associates, Houston, TX, for Internet Services Corp.