In re Macy's Texas, Inc.

291 S.W.3d 418 (Tex. 2009) · Supreme Court of Texas · June 26, 2009 · No. No. 08-0584

Summary

The Supreme Court of Texas conditionally granted mandamus relief and directed the trial court to compel arbitration of an employee's workplace-injury claims. The court held that the employee could not avoid arbitration by disputing her employer's precise corporate name where the arbitration plan defined the company as her particular employer and the evidence showed she agreed to arbitrate with that employer.

Holdings

  1. The affidavit alone was insufficient to establish the entities' corporate relationship because it was conclusory and did not establish the affiant's basis of knowledge or provide supporting documentation.
  2. Tomsic agreed to arbitrate her workplace-injury claims with her employer, and she could not avoid arbitration by raising factual disputes concerning the employer's correct legal name.

Questions Presented

  1. Whether the evidence established an agreement to arbitrate between Tomsic and her employer despite discrepancies among the legal names of the Macy's entities.
  2. Whether Macy's was entitled to mandamus relief requiring the trial court to compel arbitration.

Disposition

writ_granted

Cases Cited (4)

  • In re Weekley Homes, L.P., 180 S.W.3d 127, 130 (Tex. 2005)(followed)
  • In re Merrill Lynch Trust Co. FSB, 235 S.W.3d 185, 191 (Tex. 2007)(followed)
  • Seawright v. American General Financial Services, Inc., 507 F.3d 967, 978 (6th Cir. 2007)(followed)
  • General Electric Co. v. Moritz, 257 S.W.3d 211, 215 (Tex. 2008)(followed)

Cited In (0)

No citing cases on record yet.

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