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Client Alert March 31, 2025
Texas Supreme Court Holds Parties May Seek Judicial Declaration That An Administrative Rule Does Not Apply To Them
On March 28, a unanimous Texas Supreme Court held that the Texas Administrative Procedure Act authorizes parties to challenge whether an agency rule applies to them.
Client Alert April 9, 2024
Texas Supreme Court Holds Arbitrator Must Decide Questions Of Arbitrability Absent Evidence That Delegation Clause Is Itself Unconscionable
In a unanimous per curiam opinion, the Texas Supreme Court held on Friday that when an arbitration agreement contains a clause delegating questions of arbitrability to the arbitrator, an unconscionability challenge must be supported with specific evidence showing that the cost of arbitrating any arbitrability issues is itself excessive.