DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033329P.pdf 07/27/2004 Pro Tech Industries v. URS Corporation
U.S. Court of Appeals Case No: 03-3329
Eastern District of Missouri
Civil case - arbitration. Claim concerning waiver of arbitration was for
the arbiter to decide, and the district court did not err in granting motion
to compel arbitration; applying Texas law, the court could not say the
arbitration provision was unconscionable; claim that Pro Tech's current
financial situation made arbitration unconscionable must be rejected, as
Texas law looks only to the circumstances at the formation of the contract
and not factors which might have arisen later, such as a change in
financial situation.
[PUBLISHED] [Riley, Author, with M. Arnold and Colloton, Circuit Judges]