Arbitrability, delegated.
November 8, 2021The majority opinion in Prestonwood Tradition, LP v. Jennings, No. 05-20-00380-CV et seq. (Oct. 22, 2021).concluded that wrongful-death and survival claims were controlled by the decedents’ arbitration agreements, including their delegation of arbitrability to the arbitrator. A dissent saw matters differently, citing Roe v. Ladymon, 318 S.W.3d 502 (Tex. App.–Dallas 2010, no pet.)).