Assumption Parish Police Jury v. Texas Brine Company, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT ASSUMPTION PARISH POLICE JURY, ET NO. 2020 CW 1159 AL.

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

CONSOLIDATED WITH

ASSUMPTION PARISH SHERIFF MIKE WAGUESPACK FEBRUARY 22, 2021 VERSUS

In Re: Occidental Chemical Corporation, Occidental Petroleum

Corporation, and OXY USA, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, Nos. 34386 c/ w 34389 c/ w 34391.

BEFORE: GUIDRY, MCDONALD, AND WELCH, JJ.

WRIT GRANTED. The trial court erred by failing to grant

Occidental Chemical Corporation, Occidental Petroleum Corporation,

and OXY USA, Inc.' s, motion to stay pending the arbitration panel' s determination of arbitrability of all claims asserted between Occidental Chemical Corporation, Occidental Petroleum Corporation,

OXY USA, Inc., and Texas Brine Company, LLC. Therefore, we reverse

the portion of the trial court' s October 22, 2020 judgment which

denied Occidental Chemical Corporation, Occidental Petroleum

Corporation, and OXY USA, Inc.' s motion to stay all claims asserted by and between Texas Company, LLC, OXY BrineUSA, Inc., and

Occidental Petroleum Corporation including tort claims asserted

between Texas Brine Company, LLC and Occidental Chemical

Corporation. We grant the motion to stay pending arbitration filed Occidental Chemical Corporation, Occidental Petroleum by Corporation, and OXY USA, Inc. All causes of action asserted in this action between Texas Brine Company, LLC, Occidental Chemical

Corporation, Occidental Petroleum Corporation, and OXY USA, Inc. are

hereby stayed pending a determination of arbitrability of the claims between these parties by the arbitration panel and the arbitration of the claims subject thereto. See Assumption Parish Police Jury v. Texas Brine Company, LLC, 2018- 0364 ( La. App. 1st Cir. 3/ 19/ 19), 2019 WL 1306141 ( unpublished), writ denied, 2019- 00958 ( La.

9/ 24/ 19), 279 So. 3d 936. JMG JMM JEW

CO RT OF APPEAL, FIRST CIRCUIT

D P CLERK OF COURT

FOR THE COURT