Peter Kelly is urging the Texas Supreme Court to reconsider its March 6, 2015 decision in The Fredericksburg Care Co., L.P. v. Juanita Perez, et al. (No. 13-0573), and the Texas Trial Lawyers Association, the Texas Association of Defense Counsel, the Texas Chapter of the American Board of Trial Advocates, and even Texas Mutual Liability Trust, a medical malpractice insurer, have joined him in that request. The opinion holds that the Federal Arbitration Act preempts a provision of Texas’s medical malpractice statute that allows medical malpractice cases to be subject to arbitration, but only if certain statutory notices are provided in the arbitration agreement and the agreement is signed by the patient’s attorney. The opinion can be found here, Peter’s briefs and those of the other amici can be found here, and a Texas Lawyer article about the case can be found here.
