In re Polymerica, LLC d/b/a Global Enterprises, Inc.

Summary

The Eighth District Court of Appeals of Texas conditionally granted in part a petition for writ of mandamus concerning the denial of a motion to compel arbitration. The court held that equitable estoppel allowed Global Enterprises to enforce arbitration agreements for claims arising while the joint-employment agreements were in effect, but not for claims arising after Global's relationship with Dickason ended.

Holdings

1. Global preserved its direct-benefits equitable-estoppel argument because its reliance on In re Dallas Peterbilt, Ltd., in the motion to compel arbitration put the trial court on notice of the contention in context.
2. Global failed to preserve its contention that it was an intended third-party beneficiary of the arbitration agreements because it did not raise that contention in the trial court.
3. A nonsignatory may compel arbitration when the opposing party deliberately seeks or obtains substantial benefits from the contract containing the arbitration provision, and Soltero's continued employment and receipt of benefits under the joint-employment agreement and dispute resolution plan required arbitration of covered claims arising while those agreements were in effect.
4. Global could enforce the arbitration agreements only for claims arising during the period those agreements were effective, not for claims arising from Soltero's alleged wrongful termination after Global's operating agreement with Dickason ended.
5. Mandamus is conditionally available to correct the erroneous denial of contractual arbitration rights under the Federal Arbitration Act when there is no adequate remedy by appeal.

Questions Presented

1. Whether Global preserved its direct-benefits equitable-estoppel argument in the trial court and mandamus proceeding.
2. Whether Global preserved its argument that it was an intended third-party beneficiary of the arbitration agreements between Soltero and dmDickason.
3. Whether Soltero's receipt of substantial benefits under the joint-employment agreement and dispute resolution plan equitably estopped her from resisting arbitration of claims arising while those agreements were in effect.
4. Whether Global could enforce the arbitration agreements as to claims arising from Soltero's termination after Global's operating agreement with dmDickason ended.
5. Whether mandamus relief was appropriate to correct the denial of Global's motion to compel arbitration.

Disposition

writ_granted