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Justices debate whether a prior waiver and delegation clause send a Pearland trampoline injury to arbitration
Summary
In Serna v. Pearland Urban Air the Texas high court heard argument over whether a pre‑injury waiver and a delegation clause in an earlier agreement require arbitrating a subsequent injury claim by a minor.
The Supreme Court of Texas heard argument in Serna v. Pearland Urban Air about whether a parent’s earlier signed waiver and an arbitration delegation clause in that waiver require sending a later injury dispute involving the parent’s child to arbitration.
Why it matters: The case raises recurring questions in consumer‑injury disputes: when does an initial signed waiver or online or on‑site agreement cover later visits, and when do courts or arbitrators decide whether a later transaction or visit created a new agreement? The case tests the reach of the Federal Arbitration Act (FAA) doctrines — separability and delegation — in the context of events involving a minor and…
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