Legal Opinion
Kmart Stores of Texas, L.L.C. v. Ramirez
Court of Appeals of Texas
Decided March 16, 2016No. 08-15-00094-CVPublishedCited by 36 opinions
1Opinion of the Court
OPINION
YVONNE T. RODRIGUEZ, Justice
Norma Ramirez sued Appellants Kmart Stores of Texas, L.L.C. and Sears Holdings Management Corporation (collectively Kmart) for disability discrimination. Kmart moved to arbitrate based on an agreement that Ramirez purportedly acknowledged through Kmart’s online employee portal and accepted by continuing to work for the company. The trial court refused to compel arbitration, and this appeal followed.
The central question here is whether Ramirez’s Tipps1 hearing testimony denying that she ever received or knew about the agreement created a genuine fact issue on…
2Cases cited21 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
- Coastal Transport Co. v. Crown Central Petroleum Corp.Texas Supreme Court · 2004
- In Re Halliburton Co.Texas Supreme Court · 2002
- Sakkab v. Luxottica Retail North America, Inc.Court of Appeals for the Ninth Circuit · 2015
16 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Alorica, Individually and D/B/A Alorica, Inc. v. Mary Lou Tovar, Texas Court of Appeals, 8th District (El Paso)2018
- Readyone Indus., Inc. v. LopezCourt of Appeals of Texas · 2018
- in Re: Dish Network L.L.C. and Echosphere L. L. C., Texas Court of Appeals, 8th District (El Paso)2018
- Fitness Entertainment Ltd. v. HurstCourt of Appeals of Texas · 2017
- in Re: Copart, Inc., Copart of Houston, Inc., and Houston Copart Salvage Auto Auctions, LP, Texas Court of Appeals, 8th District (El Paso)2018
31 more not listed; retrieve them via the Exa API.