In Re Olshan Foundation Repair Company, LLC and Olshan Foundation Repair Company of Dallas, Ltd., Relators

Summary

The Texas Supreme Court held that the Federal Arbitration Act (FAA) preempts the Texas Arbitration Act (TAA) for arbitration clauses that refer to "the arbitration laws in your state," making the agreements enforceable and mandamus relief proper in three cases, while affirming the trial court's denial of mandamus where the agreement expressly invoked the TAA. The Court also found the homeowners failed to meet the burden of proving the arbitration agreements were unconscionable.