In a case involving competing arbitration agreements, the court of appeals held that the Federal Arbitration Act governed both but found there was an enforceable Rule 11 agreement to arbitrate the employee's claims based on the employer's objective acts. The court of appeals further found the employee did not waive his right to arbitration by his initial opposition to the employer's plan. Although there was evidence that the employee tested positive for controlled substances following his injury, the arbitrator concluded the employee rebutted the presumption he was intoxicated. However, the trial court lacked the authority to award post-judgment interest. The trial court's judgment to exclude the award of post-judgment interest is modified and affirmed as modified.
Forged Components, Inc. v. Guzman
Tex. App. Dist. 1
July 2, 2013