Legal Opinion

in Re Olshan Foundation Repair Company, LLC and Olshan Foundation Repair Company of Dallas, Ltd.

Texas Supreme Court

Decided December 3, 2010No. 09-0432, 09-0433, 09-0474, 09-0703PublishedCited by 211 opinions

1Opinion of the CourtJustice Wainwright

Olshan Foundation Repair Company filed these petitions for writs of mandamus in four different cases in which three separate trial courts denied Olsharis pleas in abatement, refusing to compel arbitration of consumer claims against it. Three different courts of appeals also declined to order the disputes to arbitration. We consolidated these cases for argument and now issue a consolidated opinion. Because the Texas General Arbitration Act (TAA), and not the Federal Arbitration Act (FAA), governs the arbitration dispute in one of the cases (Waggoner, No. 09-0474), we deny Olshan mandamus…

2Cases cited32 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Walker v. PackerTexas Supreme Court · 1992
  3. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  4. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  5. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967

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3Cited by211 opinions

  1. Rsl Funding, LLC and Rsl Special-Iv Limited Partnership v. Rickey NewsomeTexas Supreme Court · 2018
  2. Venture Cotton Cooperative and Noble Americas Corp. v. Shelby Alan FreemanTexas Supreme Court · 2014
  3. In re StateTexas Supreme Court · 2011
  4. in Re Steven and Shyla Lipsky and Alisa Rich, Texas Court of Appeals, 2nd District (Fort Worth)2013
  5. In re FitzgeraldCourt of Appeals of Texas · 2014

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