well-supported claim (Texas) · Go Syfert
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well-supported claim in Texas

10 Texas opinions name it 2 courts 1934–2024 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
In Re McKinneygreen
tex · 2005 · cited in 2 Texas opinions naming this issue, 2023–2024
2 sentences

2024See APC Home Health Services, Inc. v. Martinez, 600 S.W.3d 381 , 395 (Tex. App.—El Paso 2019, no pet.) (recognizing that “unequal bargaining power does not establish grounds for invalidating an arbitration agreement absent a well-supported claim that the agreement resulted from the sort of fraud or overwhelming economic power that would provide grounds for revocation of any contract”); see also In re McKinney, 167 S.W.3d 833, 835 (Tex. 2005) (per curiam) (“Absent fraud, misrepresentation, or deceit, a party is bound by the terms of the contract he signed, regardless of whether he read it or th

2023See APC Home Health Services, Inc. v. Martinez, 600 S.W.3d 381 , 395 (Tex. App.—El Paso 2019, no pet.) (recognizing that “unequal bargaining power does not establish grounds for invalidating an arbitration agreement absent a well-supported claim that the agreement resulted from the sort of fraud or overwhelming economic power that would provide grounds for revocation of any contract”); see also In re McKinney, 167 S.W.3d 833, 835 (Tex. 2005) (per curiam) (“Absent fraud, misrepresentation, or deceit, a party is bound by the terms of the contract he signed, regardless of whether he read it or th

22
In Re Halliburton Co.green
tex · 2002 · cited in 2 Texas opinions naming this issue, 2017–2019
2 sentences

2019Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 (1991) (“Mere inequality in bargaining power, however, is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context.”); In re Halliburton Co., 80 S.W.3d at 572 (holding an arbitration agreement was not unconscionable simply because an employer made a “take it or leave it” offer to its at-will employees).

2017Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 , 111 S.Ct. 1647, 1655 , 114 L.Ed.2d 26 (1991)(“Mere inequality in bargaining power, however, is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context.”); In re Halliburton Co., 80 S.W.3d 566, 572 (Tex. 2002)(holding an arbitration agreement was not unconscionable simply because an employer may make a “take it or leave it” offer to its at-will employees).

22
Gilmer v. Interstate/Johnson Lane Corp.green
scotus · 1991 · cited in 3 Texas opinions naming this issue, 2005–2019
2 sentences

2019Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 (1991) (“Mere inequality in bargaining power, however, is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context.”); In re Halliburton Co., 80 S.W.3d at 572 (holding an arbitration agreement was not unconscionable simply because an employer made a “take it or leave it” offer to its at-will employees).

2017Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 , 111 S.Ct. 1647, 1655 , 114 L.Ed.2d 26 (1991)(“Mere inequality in bargaining power, however, is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context.”); In re Halliburton Co., 80 S.W.3d 566, 572 (Tex. 2002)(holding an arbitration agreement was not unconscionable simply because an employer may make a “take it or leave it” offer to its at-will employees).

13
Venture Cotton Cooperative and Noble Americas Corp. v. Shelby Alan Freemangreen
tex · 2014 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Sr. 125, 155 (1751), quoted in Venture Cotton Cooperative v. Freeman, 435 S.W.3d 222, 228 (Tex. 2014). 16 establish grounds for invalidating an arbitration agreement absent a well-supported claim that the agreement resulted from the sort of fraud or overwhelming economic power that would provide grounds for revocation of any contract.

11
EZ Pawn Corp. v. Manciasgreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 , 111 S.Ct. 1647 , 114 L.Ed.2d 26 (1991); EZ Pawn Corp. v. Mandas, 934 S.W.2d 87, 90-91 (Tex.1996) (per curiam). 7 Third, the pharmacies contend the arbitration clause was disclosed only after they had joined PCS.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re AdvancePCS Health L.P. green
tex · 2005
2 sentences

2014However, ultimately, under the FAA, unequal bargaining power does not itself establish grounds for defeating an agreement to arbitrate “absent a well-supported claim that the clause resulted from the sort of fraud or overwhelming economic power that would provide grounds for revocation of any contract.” In re AdvancePCS Health L.P., 172 S.W.3d at 608 .

2013In re AdvancePCS Health L.P., 172 S.W.3d at 608 .

42010–2014
Scoggins v. Atlantic & G. P. Cement Co. green
ala · 1912
2 sentences

1934A well-supported exception to the general rule of nonliability of the employer for the acts of his independent contractor is thus stated in 23 Tex.Juris. 567: "When work was done in the manner and by the means contemplated in the contract, and the contractor has performed strictly as directed, the employer cannot escape liability under the plea that the work was placed in charge of an independent contractor." See, also, Scoggins v. Cement Co., 179 Ala. 213 , 60 So. 175 ; annotation 21 A.L.R. 1233 ; Upton v. Townend, 17 C.

1934A well-supported exception to the general rule of nonliability of the employer for the acts of his independent contractor is thus stated in 23 Tex.Juris. 567: "When work was done in the manner and by the means contemplated in the contract, and the contractor has performed strictly as directed, the employer cannot escape liability under the plea that the work was placed in charge of an independent contractor." See, also, Scoggins v. Cement Co., 179 Ala. 213 , 60 So. 175 ; annotation 21 A.L.R. 1233 ; Upton v. Townend, 17 C.

11934–1934

Statutes the citing opinions construe

USC § 9u.s.c.2 (5) USC § 9u.s.c.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 10 (1934–2024) WA 4 (2000–2009) MT 2 (1926–1930)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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