In Re Poly-America, L.p., Ind. and D/b/a Pol-Tex International, and Poly-America Gp, L.L.C., Relators

Summary

The Texas Supreme Court conditionally granted the petition for mandamus, affirming the trial court's order compelling arbitration and holding that the arbitration agreement’s fee‑splitting and discovery‑limitation provisions were not abusive, while the provisions eliminating reinstatement and punitive damages were substantively unconscionable but severable. The Court therefore upheld the arbitration agreement except for the void remedies‑limitation clauses. Justice Brister dissented, arguing that mandamus review of orders compelling arbitration is improper.