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Texas Funeral Home Can't Arbitrate Switched-Bodies Suit

Law360 (April 24, 2019, 8:24 PM EDT) -- A funeral home has lost its bid to force arbitration in a lawsuit accusing it of mixing up the bodies of two women named Maria — an error that required an exhumation to correct — after a Texas appellate court held there was no agreement to arbitrate.

In a 2-1 ruling issued Tuesday, the Fifth Court of Appeals held that SIG-TX Assets LLC, which operates as Lincoln Funeral Home, had failed to prove its argument that because the family of Maria Serrato brought the lawsuit alleging breaches of the contract, they were also bound by its arbitration provision.

The funeral home...

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