IN RE LABATT FOOD SERVICE, L.P.

No. 07-0419.

279 S.W.3d 640 (2009)

In re LABATT FOOD SERVICE, L.P., Relator.

Supreme Court of Texas.

Decided February 13, 2009.

Rehearing Denied May 1, 2009.


Attorney(s) appearing for the Case

Robert A. Valadez, Mark A. Giltner, Shelton & Valadez, San Antonio, Nissa M. Dunn, for relator.

Fidel Rodriguez Jr., San Antonio, Leo D. Figueroa, for real party in interest.


Justice JOHNSON delivered the opinion of the Court.

Under Texas law, wrongful death beneficiaries are generally bound by a decedent's pre-death contractual agreement because of the derivative nature of their claims. In this case, we consider whether the arbitration provision in an agreement between a decedent and his employer requires the employee's wrongful death beneficiaries to arbitrate their wrongful death claims against the employer even though they did not...

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