On February 23, the Texas Supreme Court unanimously affirmed a split decision from the Fourth Court of Appeals sitting in San Antonio in a case of first impression in Texas state courts related to the application of the waiver and prejudice defense to the enforcement of contractual arbitration and classaction waiver provisions under the Federal Arbitration Act (FAA). Henry v. Cash Biz, LP, Cause No. 16- 0854, ___ S.W.3d ___ (Tex., February 23, 2018). The winning party, Cash Biz, L.P. (Cash Biz), was represented by Pat Gaas, Sam Arora, and Ed Hubbard in our Houston office.
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