Perry Homes v. Cull

Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, and Justice MEDINA joined, and in which Chief Justice JEFFERSON, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined as to parts I-V.

Since 1846, Texas law has provided that parties to a dispute may choose to arbitrate rather than litigate.1 But that choice cannot be abused; a party cannot substantially invoke the litigation process and then switch to arbitration on the eve of trial.2 There is a strong presumption against waiver of arbitration,3 but it is not irrebuttable and was plainly rebutted here. The Plaintiffs vigorously opposed…