(Dallas, Texas) WSHB, a leading national defense firm, is thrilled to announce a significant legal triumph in the case of Pearland UrbanAir LLC v. Cerna. This decision, secured in the 14th Court of Appeals in Texas, sets a groundbreaking precedent in the amusement park industry and others that regularly employ waivers of liability for minors. In doing so, this decision is powerful authority solidifying the enforceability of binding arbitration agreements with minors who have executed waivers.
WSHB, representing the amusement park, successfully argued that the theory of equitable benefit effectively estopped a minor from disputing their obligation under the terms of the agreement, including binding arbitration. The 14th Court of Appeals not only agreed with the argument but also reversed the previous denial of the motion to compel arbitration, directing the parties to arbitration and imposing all costs on the plaintiff.
"We are elated with the outcome, as our firm regularly represents amusement parks and other companies that utilize waivers of liability,” said firmwide managing partner Stewart Reid. "This decision not only vindicates our client but also establishes important legal authority in the industry as a whole. We believe it will have a ripple effect, positively influencing ongoing and future cases in this domain."
This victory is a testament to the meticulous legal strategy deployed by WSHB partner Christopher Chapaneri and associate Regina Sada. They worked tirelessly to dive deep into the legal arguments and case law surrounding waivers and equitable estoppel. Their expertise and dedication were instrumental in navigating the complexities of the case, ultimately leading to this important result.
“The implications of this decision extend beyond the specific case, as it establishes crucial authority and persuasive legal precedent for similar cases currently before appellate courts,” said Chapaneri, a partner in WSHB's Dallas office. “The reasoned arguments and legal authority presented by WSHB are expected to carry significant weight in influencing other courts facing similar issues throughout the State of Texas, and certainly persuasive authority for other jurisdictions.”
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