JP Morgan Chase & Co. v. Conegie Ex Rel. Lee, 492 F.3d 596 (5th Cir. 2007). · Go Syfert
JP Morgan Chase & Co. v. Conegie Ex Rel. Lee, 492 F.3d 596 (5th Cir. 2007). Cases Citing This Book View Copy Cite
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147 citation events (147 in the last 25 years) across 17 distinct courts.
Strongest positive: Banuelos v. Alorica, Inc. (txwd, 2020-07-20)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Banuelos v. Alorica, Inc.
W.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
generally, principles of state contract law govern the question of whether the parties formed a valid agreement to arbitrate.
discussed Cited as authority (quoted) Sherer v. Green Tree Svc LLC (2×) also: Cited as authority (rule)
5th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the court must first ascertain whether the parties agreed to arbitrate the dispute.
discussed Cited as authority (quoted) Sherer v. Green Tree Servicing LLC (2×) also: Cited as authority (rule)
5th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the court must first ascertain whether the parties agreed to arbitrate the dispute.
cited Cited as authority (rule) Joshu Osmanski v. JPMorgan Chase Bank, N.A. et al.
E.D. La. · 2026 · confidence medium
Sherer v. Green Tree Serv., LLC, 548 F.3d 379, 381 (5th Cir. 2008) (citing JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007)).
cited Cited as authority (rule) Pamela Carter v. Quintairos, Prieto, Wood & Boyer, P.A., et al.
E.D. La. · 2026 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Lance Rotolo v. Energy Erectors, Inc. et al.
E.D. La. · 2026 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 3 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 4 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 5 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 6 Sherer, 548 F.3d at 381 . 7 Primerica Life Ins.
cited Cited as authority (rule) Saleh v. Planters Bank & Trust Company Indianola, Mississippi
E.D. La. · 2025 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Reine v. Coinbase, Inc.
E.D. La. · 2025 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Brown v. Patel
S.D. Tex. · 2025 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Wightman v. UnitedHealth Group Incorporated (2×) also: Cited "see"
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Brandt v. CNS Corporation
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 11 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 12 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 13 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 14 Sherer, 548 F.3d at 381 . 15 Primerica Life Ins.
cited Cited as authority (rule) Stanford v. Brandon Nursing and Rehabilation Center, LLC
S.D. Miss. · 2024 · confidence medium
Lee, 492 F.3d 596, 599 (5th Cir. 2007).
cited Cited as authority (rule) Pepe, III v. New York Life Insurance Company
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (citations omitted).
discussed Cited as authority (rule) Sisodra Lodging, LLC v. Independent Specialty Insurance Company
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 3 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 4 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 5 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 6 Sherer, 548 F.3d at 381 . 7 Primerica Life Ins.
discussed Cited as authority (rule) Chubb Capital I Limited v. New Orleans City
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 77 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). whether there is a valid agreement to arbitrate between the parties, and if so, (2) whether the dispute in question falls within the scope of that agreement.78 The strong federal policy favoring arbitration applies “when addressing ambiguities regarding whether a question falls within an arbitration agreement’s scope,” but it does not apply “when determining whether a valid agreement exists.”79 If the Court finds the parties agreed to arbitrate, it must then proceed to the…
cited Cited as authority (rule) M.G. v. Scrase
D.N.M. · 2024 · confidence medium
Lee, 492 F.3d 596, 600 (5th Cir. 2007); Alpino v. JPMorgan Case Bank, N.A., Civil No. 1:10-12040-PBS, 2011 U.S. Dist.
discussed Cited as authority (rule) Dean v. JPMorgan Chase Bank, N.A.
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 7 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 8 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 9 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 10 Sherer, 548 F.3d at 381 . 11 Primerica Life Ins.
discussed Cited as authority (rule) 6101 Tullis Drive, LLC v. Interstate Fire & Casualty Insurance Company
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (quoting Will–Drill Res., Inc. v. Samson Res.
discussed Cited as authority (rule) First United Methodist Church of Houma v. Underwriters at Lloyds of London
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 11 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). the parties, and if so, (2) whether the dispute in question falls within the scope of that agreement.12 Both inquiries are generally guided by ordinary principles of state contract law.13 The strong public policy favoring arbitration applies “when addressing ambiguities regarding whether a question falls within an arbitration agreement’s scope,” but it does not apply “when determining whether a valid agreement exists.”14 If the Court finds the parties agreed to arbitrate, …
discussed Cited as authority (rule) Carrollton Street Properties, LLC v. Independent Specialty Insurance Company
E.D. La. · 2024 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 3 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 4 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 5 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 6 Sherer, 548 F.3d at 381 . 7 Primerica Life Ins.
cited Cited as authority (rule) Mai TL, Inc. v. Velocity Risk Underwriters, LLC
E.D. La. · 2023 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007)).
cited Cited as authority (rule) Egbert v. Silverado Senior Living Management, Inc.
S.D. Tex. · 2023 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Bankston v. Imagine Pools Manufacturing North America, Inc
E.D. La. · 2022 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 4 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 5 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 6 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). “when determining whether a valid agreement exists.”7 If the Court finds the parties agreed to arbitrate, it must then proceed to the second step of the analysis and consider whether any federal statute or policy renders the claims non-arbitrable.8 On a Rule 12(b)(3) motion to dismiss, the court may consider, the complaint, its proper att…
discussed Cited as authority (rule) LLOG Exploration Offshore, LLC v. Samson Contour Energy E & P LLC
E.D. La. · 2022 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 3 Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004). 4 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008). 5 See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995). 6 Sherer, 548 F.3d at 381 . arbitrate, it must then proceed to the second step of the analysis and consider whether any federal statute or policy renders the claims non-arbitrable.7 LAW AND ANALYSIS The parties agree that the PSA contains a valid agreement to arbitrate and that the dispute in question falls within the scope of that agreement.…
discussed Cited as authority (rule) Priebe v. Advanced Structural Technologies, Inc.
E.D. La. · 2021 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (quoting Will–Drill Res., Inc. v. Samson Res.
discussed Cited as authority (rule) Kikuchi v. Silver Bourbon, Inc.
E.D. La. · 2021 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). 4 whether the parties agreed to arbitrate the dispute.17 This determination itself involves two separate inquiries: (1) whether there is a valid agreement to arbitrate between the parties, and, if so, (2) whether the dispute in question falls within the scope of that agreement.18 “While there is a strong federal policy favoring arbitration, the policy does not apply to the initial determination whether there is a valid agreement to arbitrate.”19 Instead, courts apply state contract law to determine the validity of the arbitration agreement.20 As to t…
discussed Cited as authority (rule) Hardee v. CMH Homes, Inc
E.D. La. · 2021 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (quoting Will–Drill Res., Inc. v. Samson Res.
cited Cited as authority (rule) Pelsia v. Supreme Offshore Services, Inc.
E.D. La. · 2021 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Morel v. U.S. Xpress, Inc.
E.D. La. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (quoting Will–Drill Res., Inc. v. Samson Res.
cited Cited as authority (rule) Orozco v. JP Morgan Chase Bank, N.A.
S.D. Tex. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Dennis Williams v. Community Bank, Ellisvil
5th Cir. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007) (quoting Wash. Mut.
discussed Cited as authority (rule) CIBC Bank USA v. ISI Security Group, Inc. (2×) also: Cited "see"
W.D. Tex. · 2020 · confidence medium
JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Julie O'Shaughnessy v. Young Living Essential Oils
5th Cir. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007)).
cited Cited as authority (rule) Parrott v. DCG Inc
N.D. Tex. · 2020 · confidence medium
JP Morgan Chase & Co. v. Conegie ex rel Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Home Care Providers of Texas v. Blue Cross and Blue Shield of Texas
N.D. Tex. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Piatt v. Dolgencorp, LLC
N.D. Miss. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007). “[W]here the ‘very existence of a contract’ containing the relevant arbitration agreement is called into question, the federal courts have authority and responsibility to decide the matter.” Banc One Acceptance Corp. v. Hill, 367 F.3d 426, 429 (5th Cir. 2004) (quoting Will-Drill Resources, Inc. v. Samson Resources Co., 352 F.3d 211, 218 (5th Cir. 2003)).
cited Cited as authority (rule) McCann v. American Homes 4 Rent, L.P.
S.D. Tex. · 2020 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Baria v. Singing River Electric Cooperative
S.D. Miss. · 2020 · confidence medium
JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Allen v. Lyons & Farrar, P.A.
S.D. Miss. · 2019 · confidence medium
JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Jernigan v. Medi Share
S.D. Miss. · 2019 · confidence medium
JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007).
discussed Cited as authority (rule) Ralph Janvey v. Oreste Tonarelli (2×)
5th Cir. · 2017 · confidence medium
If the party opposing arbitration has agreed to arbitrate, “we then ask if ‘any federal statute or policy renders the claims nonarbitrable.’” Sherer, 548 F.3d at 381 (quoting JP Morgan Chase & Co. v. Conegie, 492 F.3d 596, 598 (5th Cir. 2007)).
cited Cited as authority (rule) Nelson v. Watch House International, L.L.C.
5th Cir. · 2016 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir.2007)).
discussed Cited as authority (rule) Murchison Capital Partners, L.P. v. Nuance Communications, Inc.
5th Cir. · 2015 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir.2007) (noting that, when ruling on a motion to compel arbitration, the court must determine “whether the dispute in question falls within the scope of [an] arbitration- agreement” (citation arid internal quotation marks omitted)).
cited Cited as authority (rule) Auto Parts Mfg MS Inc. v. King Const of Houston, L
5th Cir. · 2015 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007); Texaco Exploration & Prod.
cited Cited as authority (rule) Auto Parts Manufacturing Mississippi, Inc. v. King Construction of Houston, L.L.C.
5th Cir. · 2015 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007); Texaco Exploration & Prod.
cited Cited as authority (rule) Joy Zinante v. Drive Electric, L.L.C.
5th Cir. · 2014 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir. 2007).
cited Cited as authority (rule) Crawford Professional Drugs, Inc. v. CVS Caremark Corp.
5th Cir. · 2014 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir.2007).
discussed Cited as authority (rule) Harland Clarke Holdings Corp. v. Milken
W.D. Tex. · 2014 · confidence medium
Lee, 492 F.3d 596, 600 (5th Cir.2007); Fleetwood Enters., 280 F.3d at 1075 (“Intermediate appellate courts in Texas have also held that non-signatories are bound by arbitration agreements where the non-signatories are third-party beneficiaries of the contracts.”). 12 “Parties are presumed to be contracting for themselves only” and “[t]his presumption may be overcome only if the intent to make someone a third-party beneficiary is ‘clearly written or evidenced in the contract.’ ” Bridas, 345 F.3d at 363 ; Fleetwood Enters., 280 F.3d at 1075 (Texas law). “[I]f an agreement speci…
cited Cited as authority (rule) Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.
N.D. Tex. · 2014 · confidence medium
Lee, 492 F.3d 596, 598 (5th Cir.2007).
Retrieving the full opinion text from the archive…
JP MORGAN CHASE & CO.; J.P. Morgan Trust Company NA, Plaintiffs-Appellants,
v.
Delores CONEGIE, by and Through Her Next Friend Deola LEE, Defendant-Appellee
06-60603.
Court of Appeals for the Fifth Circuit.
Jul 19, 2007.
492 F.3d 596
Mark Herndon Tyson (argued), McGlin-chey Stafford, Jackson, MS, Bradley Farel Hathaway, Campbell, DeLong, Hagwood & Wade, Greenville, MS, for Plaintiffs-Appellants., Gale Nelson Walker, Douglas Bryant Chaffin, Jackson, MS, Susan Nichols Estes, Deborah Truby Riordan, Wilkes & McHugh, Little Rock, AR, Anthony Lance Reins (argued), Wilkes & McHugh, Hat-tiesburg, MS, Brian Gene Brooks, Green-brier, AR, for Conegie.
Smith, Benavides, Dennis.
Cited by 74 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #35,759 of 633,719
Citer courts: Fifth Circuit (2)
BENAVIDES, Circuit Judge:

The Plaintiffs-Appellants, JP Morgan Chase & Company and J.P. Morgan Trust Company (“Chase”), appeals the district court’s denial of its motion to compel arbitration. We reverse.

I. BACKGROUND

The Defendant-Appellee, Delores Cone-gie, suffers from a condition known as Huntington’s chorea which causes severe physical and neurological problems, including dementia psychosis. Conegie was admitted to a nursing home in Greenville, Mississippi. The nursing home admission agreement, which her mother signed on her behalf, contained an arbitration clause. The crux of this case is whether the arbitration clause is enforceable against Cone-gie as a non-signatory. The district court ruled that Conegie’s mother did not have the authority to sign a nursing home admission agreement on her behalf, finding no agency relationship existed.

II. ANALYSIS

A. STANDARD OF REVIEW

Chase argues that the district court erred in denying its motion to compel. We review de novo a district court’s denial of a motion to compel arbitration. Freudensprung v. Offshore Technical Services, Inc., 379 F.3d 327, 337 (5th Cir.2004).

There is a two-step inquiry to determine whether a party should be compelled to arbitrate. Washington Mut. Fin. v. Bailey, 364 F.3d 260, 263 (5th Cir.2004). This Court must first ascertain whether the parties agreed to arbitrate the dispute. Id. In determining this question, there are two considerations: “ ‘(1) whether there is a valid agreement to arbitrate between the parties; and (2) whether the dispute in question falls within the scope of that arbitration agreement.’ ” Will-Drill Res., Inc. v. Samson Res. Co., 352 F.3d 211, 214 (5th Cir.2003). If it is determined that the parties agreed to arbitrate, this Court must determine “whether any federal statute or policy renders the claims nonarbitrable.” Bailey, 364 F.3d at 263. As previously set forth, the court below found no valid or enforceable agreement.

Generally, principles of state contract law govern the question of whether the parties formed a valid agreement to arbitrate. Bailey, 364 F.3d at 264. Here, the parties disagree regarding whether state or federal law applies to the question of whether a non-signatory is bound by an arbitration clause. There is Fifth Circuit precedent applying state law [1] and federal law [2] to this question. We need not resolve this dispute because both Mississippi and federal law compel arbitration.

[*599] B. MISSISSIPPI LAW

Subsequent to the district court’s decision, the Mississippi Supreme Court issued a decision that controls the disposition of this appeal. Covenant Health Rehab of Picayune, L.P., v. Brown, 949 So.2d 732 (Miss.2007). In that case, Bernice Brown’s estate filed a wrongful death suit against a convalescent center. On Brown’s behalf, Brown’s adult daughter, Sharon Goss, signed the admission agreement to the convalescent center. Relying on the arbitration clause in the admission agreement, the defendant filed a motion to compel arbitration. The trial court found the arbitration clause unconscionable. On appeal, Brown’s estate argued that the agreement was unconscionable because Brown was incompetent and Brown’s daughter did not have the authority to bind Brown to the contract. Id. at 736.

In support of its argument that her adult daughter had the authority to bind Brown, the defendant-appellant relied on a Mississippi statute. Miss.Code Ann. § 41-41-211. Section 41-41-211 provides:

(1) A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available.
(2) An adult or emancipated minor may designate any individual to act as surrogate by personally informing the supervising health-care provider. In the absence of a designation, or if the designee is not reasonably available, any member of the following classes of the patient’s family who is reasonably available, in descending order of priority, may act as surrogate:
(a) The spouse, unless legally separated; (b) An adult child; (c) A parent; or (d) An adult brother or sister.
(7) A health-care decision made by a surrogate for a patient is effective without judicial approval.

There was no declaration by Brown’s primary physician that she lacked capacity to manage her affairs prior to the signing of the admission agreement. Nonetheless, the estate had submitted in its motion that (1) Brown was incapable of managing her affairs and (2) her admitting physician at the hospital found that she did not have the capacity to manager her affairs. Brown, 949 So.2d at 736-37. The Mississippi Supreme Court found the estate’s admission with the corroboration from her physician sufficient to establish incapacity under the statute. Id. The court further stated that Brown’s adult daughter “was an appropriate member of the classes from which a surrogate could be drawn, and thus, Goss could contractually bind Brown in matters of health care.” Id. at 737. The court also rejected the argument that the agreement was unconscionable because it was a contract of adhesion. Id.

In the case at bar, Conegie’s brief admits that she has been “diagnosed” with dementia psychosis and that she did not have “the the capacity to sign the Admission Agreement.” In light of the Mississippi Supreme Court’s holding that a similar concession satisfied the statute’s required showing, we are persuaded that Conegie’s admissions satisfy the statute. Additionally, Conegie’s mother was “an appropriate member of the classes from which a surrogate could be drawn.” Id.; see Miss.Code Ann. § 41-41-211(2)(e). Thus, Conegie’s mother “could contractually bind [her] in matters of health care.” Brown, 949 So.2d at 737. The, district court erred in ruling that Conegie’s moth[*600] er could not sign the agreement on Cone-gie’s behalf.

C. FEDERAL LAW

Alternatively, assuming federal law applies, we conclude that Conegie is bound as a non-signatory. Chase argues that Conegie was required to arbitrate as a third-party beneficiary of the agreement. To determine whether the third-party beneficiary doctrine applies, this Court looks to the parties’ intentions at the time the contract was executed. Bridas S.A.P.I.C. v. Gov’t of Turkmenistan, 345 F.3d 347, 362 (5th Cir.2003). Although there is a presumption that parties are contracting only for themselves, it may be rebutted “if the intent to make someone a third-party beneficiary is clearly written or evidenced in the contract.” Id. (internal quotations marks and citation omitted).

The agreement expressly names Conegie as the resident receiving care and services from the nursing home. Indeed, as Chase points out, in Conegie’s complaint she states that the agreement was “with, or on behalf of, Delores Conegie and/or her family, in 2000, wherein Defendants promised to provide basic care for Ms. Conegie.”' Thus, the parties’ intent to make Conegie a beneficiary of the contract is clearly written in the agreement. As a third-party beneficiary, she is bound by the agreement to arbitrate any dispute arising from it. [3]

III. CONCLUSION

In conclusion, we hold that the district court erred in finding the arbitration agreement unenforceable. Accordingly, we REVERSE the denial of Chase’s motion to compel arbitration and REMAND for entry of an order compelling arbitration.

1

. Fleetwood Enterprises, Inc. v. Gaskamp, 280 F.3d 1069, 1073 (5th Cir.2002) (applying Texas state law to the question of whether the non-signatories were bound by the arbitration agreement).

2

. In a footnote, although expressly recognizing this Court's previous precedent applying state law, this Court agreed with the Fourth Circuit's conclusion that “because the determination of whether a non-signatory is bound by an arbitration provision 'presents no state law question of contract formation or validity,' a court should ‘look to the federal substantive law of arbitrability to resolve this question.’ ” Bailey, 364 F.3d at 267-68 n. 6 (quoting Int’l Paper v. Schwabedissen Maschinen & Anlagen GMBH, 206 F.3d 411, 417 n. 4 (4th Cir.2000)).

3

. Conegie raises several alternative grounds for affirming the district court’s denial of the motion to compel arbitration. We have reviewed her arguments and find them to be without merit.