In re CGI Construction–can a court require a party to waive arbitration to set aside a default?

Case Summaries, Compelling Arbitration, Texas Courts of Appeal

No, says the Dallas Court of Appeals. In an unpublished case, In re CGI Constr., Inc., 05-18-00320-CV, 2018 WL 3017318, at *2 (Tex. App.—Dallas June 18, 2018, no pet.) the Dallas Court of Appeals addressed the question of whether or not a trial court could properly condition setting aside a default judgment on a defendant […]

February 27, 2019

Henry v Cash Biz–can filing a criminal complaint waive the right to compel arbitration?

Case Summaries, Compelling Arbitration, Texas Supreme Court

In Henry v. Cash Biz, LP, — S.W.3d–, 2018 WL 1022838 (Tex. 2018), the Texas Supreme Court addressed, and ultimately rejected, a unique argument on waiver of arbitration–holding that a ‘payday’ lender did not substantially invoke judicial process, and thus did not impliedly waive its right to arbitrate, by filing criminal complaints against borrowers who had […]

March 10, 2018