Acosta-Villarreal v. Bechtel Og & C Constr. Servs., Inc.

Supreme Court of Louisiana

Acosta-Villarreal v. Bechtel Og & C Constr. Servs., Inc.

263 So. 3d 876

Supreme Court of Louisiana·Decided February 18, 2019·No. NO. 2018-CC-2001·Published

Opinion

PER CURIAM

*877Granted. Plaintiffs' allegations regarding the validity of the arbitration agreement are intertwined with its arguments relating to the nullity of the underlying agreement. Therefore, the issue is properly presented to arbitrator, not the court. See Buckeye Check Cashing, Inc. v. Cardegna , 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006) ; Cambas Electric, Inc. v. McDonnel Group, LLC , 16-1774 (La. 10/28/16), 208 So.3d 377. Accordingly, the judgment of the court of appeal is reversed and relators' exception of prematurity is granted.

Hughes, J., would deny.

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PER CURIAM

*877Granted. Plaintiffs' allegations regarding the validity of the arbitration agreement are intertwined with its arguments relating to the nullity of the underlying agreement. Therefore, the issue is properly presented to arbitrator, not the court. See Buckeye Check Cashing, Inc. v. Cardegna , 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006) ; Cambas Electric, Inc. v. McDonnel Group, LLC , 16-1774 (La. 10/28/16), 208 So.3d 377. Accordingly, the judgment of the court of appeal is reversed and relators' exception of prematurity is granted.

Hughes, J., would deny.

Acosta-Villarreal v. Bechtel Og & C Constr. Servs., Inc., 263 So. 3d 876 (La. 2019).

Pincite

263 So. 3d 876 (Acosta-Villarreal v. Bechtel Og & C Constr. Servs., Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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