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Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., No. 13-0907 (December 19, 2014)

Articles Discussing Case:

Decisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law

Ogletree Deakins • April 20, 2015
While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid taking any steps in litigation that a trial court might consider to be a waiver of their right to enforce an arbitration agreement with a current or former employee. Two recent decisions from the Fifth Circuit Court of Appeals and the Supreme Court of Texas serve as a reminder that under Texas law it is difficult for employers to waive arbitration agreements, even when an employer may have waited more than a year to compel arbitration.

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