Hebbronville Lone Star Rentals, LLC v. Sunbelt Rentals Industrial Services, LLC, No. 17-50613 (5th Cir. 2018)Annotate this Case
This appeal stemmed from the parties' dispute over Lone Star's proposed adjustments to a Revenue Calculation that provided payment to Sunbelt. The arbitrator agreed with Lone Star's upward judgment to the revenue attributable to its former customers, but reformed the contract after concluding that the parties had made a mutual mistake when their agreement listed the revenue target for the former Lone Star clients.
The court affirmed and remanded for reconsideration of the mutual mistake claim. The court held that, because the parties did not agree in either the asset purchase agreement or the engagement letter to have the arbitrator decide reformation, the court must decide the issue.