In Re Odyssey Healthcare, Inc. and George Portillo, Relators

Summary

The Texas Supreme Court granted a writ of mandamus, holding that the trial court abused its discretion by refusing to compel arbitration under a valid arbitration clause in Odyssey Healthcare's Occupational Injury Benefit Plan. The Court affirmed the clause’s enforceability despite challenges of unconscionability, workers' compensation non-waiver provisions, Tenth Amendment claims, and alleged lack of consideration.