law-nonparty-no-agreement
"It goes without saying that a contract cannot bind a nonparty." EEOC v. Waffle House, Inc., 534
U.S. 279, 294, 122 S. Ct. 754, 764 (2002). "[A] duty to arbitrate can arise only by agreement." United
Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int'l Union v. TriMas
Corp., 531 F.3d 531, 535 (7th Cir. 2008) (citing United Steelworkers of Am. v. Warrior & Gulf, 363
U.S. 574, 582, 80 S. Ct. 1347, 1352 (1960)).
Rapid Settlements, Ltd v. Green (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Alcala) (transfer of structured
settlement rights, grounds for vacature of arbitration award entered under the Federal Arbitration Act (FAA),
applicability of FAA, does the FAA preempt the TAA?, nonexistence of arbitration agreement between the parties,
when are nonsignatories bound to by arbitration agreement? nonparties to the agreement, nonsignatories)(arbitrator
exceeded his authority in issuing the award. See 9 U.S.C.S. § 10(a)(4).
AFFIRM TC JUDGMENT DENYING CONFIRMATION OF ARB AWARD: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-08-00109-CV Rapid Settlements, Ltd. v. Jerry M. Green
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Hon. Linda Storey