Summary
In Cambas Electric, Inc. v. The McDonnel Group, L.L.C., 2016-1774 (La. 10/28/16), 208 So.3d 377, the Louisiana Supreme Court, citing Buckeye, granted an exception of prematurity.
Summary of this case from Browne v. Gordon McKernan Injury Attorneys, LLCOpinion
NO. 2016–CC–1774
10-28-2016
CAMBAS ELECTRIC, INC. v. The MCDONNEL GROUP, L.L.C. et al.
Granted. Plaintiff's allegations regarding the validity of the arbitration clause are intertwined with its arguments relating to the validity of the entire subcontract. Therefore, the issue is properly presented to arbitrator, not the court. See Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006) ; Rain CII Carbon LLC v. Conoco–Phillips Co., 12–0203 (La. App. 3 Cir. 10/24/12), 105 So.3d 757, writ denied, 12–2496 (La. 1/18/13), 107 So.3d 631. Accordingly, the judgment of the district court is reversed and relators' exception of prematurity is granted.
HUGHES, J., would deny.