Torster v. Panda Energy Mgmt., 2011 WL 780522 (Tex. App.'Amarillo Mar. 7, 2011, pet. denied)
Persuaded the court of appeals to affirm the trial court's refusal to compel arbitration where none of the litigants were signatories to the contract containing the arbitration provision and plaintiffs' tort claims arose from conduct that occurred prior to the execution of the contract. Convinced the Texas Supreme Court to deny review after full briefing.