Munsch Hardt Kopf & Harr, P.C. (Munsch Hardt) received a win as the U.S. Court of Appeals for the Fifth Circuit upheld the enforcement of contractual provisions drafted by Shareholder Claire Carroll. Munsch Hardt’s client and the property owners signed a Construction Agreement that included an arbitration provision and specifically indicated that the contract and all of its terms should inure to the benefit of the parties’ respective directors, officers, and employees.  Nearly three years later, the property owners filed suit against the principal of Munsch Hardt’s client in Dallas County for allegedly fraudulently inducing them into the contract. 

The Defendant filed a motion to compel arbitration asserting the Construction Agreement included a valid agreement to arbitrate all claims arising out of or relating to either the agreement or the construction project. The trial court conducted a hearing of the motion and denied the request to compel arbitration. The Defendant filed an interlocutory appeal of this decision. The Fifth Circuit Court of Appeals issued a stay in the litigation against the Munsch Hardt client and, ultimately, reversed the trial court’s order denying the motion to compel arbitration. The Court of Appeals awarded Munsch Hardt’s client its attorney fees and costs incurred during the appeal.  

Congratulations to the Munsch Hardt team, Claire Caroll and Greg Noschese, on this win!