Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.

Houston’s First District Court of Appeals has dismissed an interlocutory appeal over a trial court’s order compelling arbitration “for want of jurisdiction.”

Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has authored Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses, Forthcoming 66 Hasting L.J. ___ (symposium issue #3, 2015)(draft paper); U of Texas Law, Public Law Research Paper No. 568.

The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.