Berotte v. Bechtel Og & C Constr. Servs., Inc.

Supreme Court of Louisiana

Berotte v. Bechtel Og & C Constr. Servs., Inc.

266 So. 3d 895

CourtSupreme Court of Louisiana

DecidedFebruary 18, 2019

DocketNO. 2018-CC-1973

StatusPublished

This text of 266 So. 3d 895 (Berotte v. Bechtel Og & C Constr. Servs., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berotte v. Bechtel Og & C Constr. Servs., Inc., 266 So. 3d 895 (La. 2019).

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Opinion

PER CURIAM

Granted. 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 the 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 the writ.

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PER CURIAM

Granted. 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 the 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 the writ.

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Bluebook (online)

266 So. 3d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berotte-v-bechtel-og-c-constr-servs-inc-la-2019.

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