Henry v. Gonzalez

18 S.W.3d 684 (2000)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Henry v. Gonzalez

Texas Court of Appeals
18 S.W.3d 684 (2000)

  • Written by Alexander Hager-DeMyer, JD

Facts

Hector Gonzalez (plaintiff) and his wife hired Thomas Henry and Michael Hearn (attorneys) (defendants) to represent them in a medical-malpractice suit. Gonzalez signed a client contract with the attorneys that included an arbitration provision. The provision stated that all disputes related to the services rendered by the attorneys would be settled through arbitration. Two weeks prior to the expiration of the statute of limitations on Gonzalez’s claim, the attorneys notified Gonzalez that they would be terminating the client contract. As a result, Gonzalez was unable to file a proper suit before the statute of limitation expired. Gonzalez filed suit against the attorneys for legal malpractice, breach of fiduciary duty, and other grounds. The attorneys moved to compel arbitration under the Federal Arbitration Act (FAA), citing the arbitration provision of the client contract. Gonzalez filed a motion for summary judgment. The trial court ruled in favor of Gonzalez, granting summary judgment and denying compelled arbitration. The attorneys appealed to the Texas Court of Appeals. Gonzalez argued that the agreement violated public policy and that he was fraudulently induced to agree to arbitration.

Rule of Law

Issue

Holding and Reasoning (Angelini, J.)

Dissent (Hardberger, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership