You sue on it, you arbitrate about it

Originally published by David Coale.

The recent case of  SIG-TX Assets v. Serrato, over a dissent, declined to require arbitration of nonsignatories’ claims about mishandled funeral services. It would be wrong to read too much into that case, in light of Meritage Homes v. Mudda, which required nonsignatories to arbitrate claims about a home’s construction: “Here, we are presented with facts requiring application of the exception because the Muddas are seeking benefits under the Limited Warranty while simultaneously attempting to avoid its arbitration provision.” No. 05-18-00934-CV (July 3, 2019) (unpublished).

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