Legal Opinion

In Re Kaplan Higher Education Corp.

Texas Supreme Court

Decided August 24, 2007No. 06-0072PublishedCited by 56 opinions

1Per curiam

A vocational college and 45 of its students agreed to arbitrate any dispute “arising from or relating to” their enrollment agreement. Claiming they were fraudulently induced to sign up, the students nevertheless seek to avoid arbitration by pursuing their claims only against two nonsignatories. The parties agree the Federal Arbitration Act applies. See 9 U.S.C. § 1 eí seq. The trial court refused to compel arbitration, and the Thirteenth Court of Appeals denied mandamus relief. We conditionally grant it. See In re Weekley Homes, L.P., 180 S.W.8d 127, 130 (Tex.2005) (“Mandamus relief is proper…

2Cases cited12 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  3. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  4. Equal Employment Opportunity Commission v. Waffle House, Inc.Supreme Court of the United States · 2002
  5. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006

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3Cited by56 opinions

  1. Perry Homes v. CullTexas Supreme Court · 2008
  2. In Re International Profit Associates, Inc.Texas Supreme Court · 2009
  3. Jody James Farms, Jv v. the Altman Group, Inc. and Laurie DiazTexas Supreme Court · 2018
  4. Polyflow v. Spclt RTPCourt of Appeals for the Fifth Circuit · 2021
  5. Branch Law Firm L.L.P. v. OsbornCourt of Appeals of Texas · 2016

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