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Hiawatha Henry, et al. v. Cash Biz, LP, et al.

Paid petition · Supreme Court of Texas, No. 16-0854 · judgment February 23, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a dissent in the court below, and down for a business respondent.

Question presented

Whether the Texas Supreme Court erred in holding –in conflict with the Fifth Circuit Court of Appeals, the Nevada Supreme Court, and intermediary courts of appeals in Maryland and Utah - that Cash Biz did not waive its right to arbitration by substantially invoking the judicial process when it illegally filed criminal charges against Borrowers to recover civil debt, while ignoring its own forced arbitration clause which requires arbitration for “(f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us and/or the Lender.”

Counsel of record

For petitioner
Jeffrey Lee Dorrell
Hanszen Laporte LLP

For respondent
—

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. May 24 2018
    Petition for a writ of certiorari filed. (Response due July 27, 2018)