RSL Funding, LLC v. Newsome (Opinion)Annotate this Case
The Supreme Court reversed the judgment of the court of appeals affirming the trial court’s denial of a motion to compel arbitration of a dispute over which of two orders approving a transfer of a payee’s structured-settlement-payment rights to another under the Structured Settlement Protection Act, Tex. Civ. Prac. & Rem. Code 141.004, controlled, holding that the court of appeals erred in determining that the dispute was one that could not be arbitrated.
Specifically, the court of appeals concluded that the dispute over which order controlled was not an arbitrable issue even where an arbitration agreement included in the transfer agreement assigned issues of arbitrability to the arbitrator. The Supreme Court reversed, holding that because the parties agreed to have the arbitrator decide issues of arbitrability and because the courts below did not question the validity of the parties’ arbitration clause, this dispute must be sent to arbitration for the arbitrator to at least decide arbitrability.