Palm Harbor Homes, Inc. v. McCoy
Court of Appeals of Texas
1Opinion of the Court
OPINION
2Per curiam
This is an original proceeding on a petition for writ of mandamus. The primary issues we must decide in this case are:
• Whether the parties’ arbitration agreement is governed by the Federal Arbitration Act (the FAA);
• Whether the real parties in interest put on any evidence of their fraud in the inducement defense; and
• Whether the real parties in interest put on any evidence of their lack of mutuality defense.
We hold that the arbitration agreement is governed by the FAA and that the FAA preempts application of the Texas General Arbitration Act (the Texas Act) in this case. We further…
3Cases cited26 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- In Re King's EstateTexas Supreme Court · 1951
- United States v. LopezSupreme Court of the United States · 1995
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
21 more not listed; retrieve them via the Exa API.
4Cited by38 opinions
- In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001
- United States Ex Rel. Wilson v. Kellogg Brown & Root, Inc.Court of Appeals for the Fourth Circuit · 2008
- L & L Kempwood Associates, L.P. v. Omega Builders, Inc.Texas Supreme Court · 1999
- In Re H.E. Butt Grocery Co., Texas Court of Appeals, 14th District (Houston)2000
- World Help v. Leisure Lifestyles, Inc.Court of Appeals of Texas · 1998
33 more not listed; retrieve them via the Exa API.