TX STATETexas Court of Appeals, 5th District (Dallas)
2008

In Re Trammell

246 S.W.3d 815Texas Court of Appeals, 5th District (Dallas) • Decided 2008Enforced

HOLDING

C K Concrete's president, Trammell, tried to force arbitration of claims against him personally under a contract arbitration clause. The Texas court ruled he couldn't do it because the claims against him were based on corporate forfeiture liability under state tax law, not the underlying concrete contract. This means individual officers and shareholders can't hide behind arbitration clauses when sued for corporate tax violations.

KEY FINDINGS

Arbitration Agreement

Arbitration clauses only cover disputes that actually arise from the contract itself—not separate statutory claims like corporate forfeiture or tax liability

Lien Rights

Corporate officers and shareholders cannot use the company's arbitration agreement to shield themselves from personal liability claims

FULL COURT OPINION