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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: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 1 conference

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)