law-arbitration-postinjury-waiver to right to litigate |
 The Plan’s effective date predated her injury, even though her Acknowledgment did not. As it is
undisputed that the Plan adopted the Federal Arbitration Act, the limitations on such post-injury agreements
in the Texas Act do not apply. See Tex. Civ. Prac. & Rem. Code § 171.002(c) (prohibiting post-injury
arbitration agreements unless signed by each party’s attorney).
In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)(arbitration mandamus granted in
employment dispute, injury at work claim)(conclusory affidavit)
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04-08-00469-CV, ___ SW3d ___, [per curiam
opinion of the San Antonio Court of Appeals denying mandamus relief] 07-23-08)
stay order issued October 10, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion [pdf]