Proof of Contract-Formation for Arbitration vs. Credit Card Agreements: Inconsistent Case Law

FORMATION DISPARITY: ARBITRATION AGREEMENTS AND CREDIT CARD AGREEMENTS TREATED DIFFERENTLY FOR NO READILY APPARENT LEGAL REASONSIn several recent cases, Texas courts have denied motions to compel arbitration in the employment context, and appellate courts have affirmed the denial, where the employer failed to establish the requisite contract-formation facts: that the employee was given notice of the arbitration agreement and continued to work, thereby accepting the agreement by conduct rather than with a wet-ink signature or formal acknowledgment.See Stagg Restaurants, LLC v.. Serra, No. 04-18-00527-CV (Tex.App.- San Antonio, Feb. 13, 2019, no pet.) (trial court's denial of motion to compel arbitration affirmed in interlocutory appeal where employer failed to prove notice of arbitration provision in occupational injury plan document to employee who later brought work-related injury suit); Alorica, Inc. v. Tovar, No. 08-18-00008-CV (Tex.App.- El Paso, Nov.…

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