Cardwell v. Whataburger Restaurants LLC

Petitioner Yvonne Cardwell sued her employer, respondent Whataburger Restaurants LLC, a nonsubscriber, to recover damages for an on-the-job injury. Whata-burger moved to compel arbitration based on its Employee Handbook. Cardwell resisted, raising several defenses. Among other things, Cardwell argued that the arbitration agreement is unconscionable on several theories, and illusory.

The trial court denied the motion. In findings of fact and conclusions of law, the trial court based ,its ruling on only some of Cardwell’s unconscionability arguments and on its own research and views about…