[Download] "Smith v. H.E. Butt Grocery Company" by Texas Court of Appeals (Civil) # eBook PDF Kindle ePub Free

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eBook details

• Title: Smith v. H.E. Butt Grocery Company
• Author : Texas Court of Appeals (Civil)
• Release Date : January 08, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

James Smith appeals from an order dismissing his personal injury suit against H. E. Butt Grocery (HEB), his former employer, after he failed to submit the case to arbitration as required by an agreement between him and HEB. In five issues on appeal he contends: (1) the Texas Workers Compensation Act prohibits agreements to waive rights under the Act, and this prohibition on waiver applies to nonsubscribers and applies to agreements to arbitrate; (2) the trial court erred in finding that the Federal Arbitration Act provisions preempted the Texas Workers Compensation Act; (3) the trial court erred by ordering arbitration under the Federal Arbitration Act because the federal act does not apply to contracts, such as James Smiths, that do not involve interstate commerce; (4) the contract requiring arbitration of claims for personal injury should not be enforced as it is unconscionable and against public policy; and (5) the trial court erred in dismissing the case after defendant refused to pay one half of the arbitration fees.

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