Bell Nunnally Secures Appellate Win for Major Retailer, Compelling Arbitration for Employment Claim

Bell Nunnally, led by Partner Beverly A. Whitley, represented a major national retailer and non-subscriber to workers’ compensation in an appeal before the Thirteenth Court of Appeals of Texas at Corpus Christi and Edinburg, stemming from an employee who sought to bring suit for personal injuries. Initially, the 206^th Judicial District Court of Hidalgo County denied the retailer’s motion to compel arbitration because the employing entity (a subsidiary of the retailer) was not named by name in the agreement to arbitrate. Subsequently on appeal, the Thirteenth Court of Appeals reversed the trial court, finding that the employing entity was a third-party beneficiary of the arbitration agreement and that the agreement covered the claims made by the employee.