- Tex. App. Dist. 8
- Ann Crawford McCLURE, Chief Justice
Delfingen US-Texas L.P. appeals an order denying its motion to compel arbitration in this employment dispute. The trial court found that Delfingen did not explain, discuss or translate the arbitration agreement. The trial court could have also found that Delfingen affirmatively misled the employee about the importance of the agreement. Based on the totality of the circumstances, the employee carried her burden of proving that the agreement is procedurally unconscionable. The trial court's denial is affirmed. El Paso Court of Appeals, No. 08-12-00022-CV, 02-06-2013.