Brown v. Simoneaux

6 Citing cases

  1. Ndanyi v. Rent-A-Center, Inc.

    Civil Action No. 04-1769 Section "C" (5) (E.D. La. Dec. 1, 2004)   Cited 1 times
    In Ndanyi v. Rent-A-Center, Inc., 2004 WL 324516 (E.D. La. Dec. 11, 1004), which is cited by RAC, the identical arbitration provision was found to be valid and enforceable in an employment discrimination case.

    As a general rule, "a person who signs a written instrument is presumed to know its contents and cannot claim that he did not read or understand the document. Blount v. Smith Barney Shearson, 695 So. 2d 1001 (La.App. 4th Cir. 1997); Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992); Tweedel v. Brasseaux, 433 So.2d 133 (La. 1983). The Court agrees with the defendant that the Arbitration Agreement is valid and enforceable.

  2. Brown v. Drillers, Inc.

    630 So. 2d 741 (La. 1994)   Cited 286 times
    Describing the inapplicable circumstances in which Louisiana courts do not enforce the clear and explicit words of a settlement agreement

    Wilson v. Cost + Plus of Vivian, Inc., 375 So.2d 683, 685 (La.App. 2d Cir. 1979); Horton v. Mobley, 578 So.2d 977, 982 (La.App. 2d Cir. 1991). Duet v. Lucky, 621 So.2d 168, 173 (La.App. 4th Cir. 1993) (noting that absent evidence substantiating alleged mistake in intent, no reason exists to look beyond four corners of document); Brown v. Simoneaux, 593 So.2d 939, 941 (La.App. 4th Cir. 1992) (noting that "the language of the release is so broad and unambiguous it leaves little to be misunderstood"); Barnhill v. Consolidated Medical, Disability Life Trust, 569 So.2d 1115, 1117 (La.App. 3d Cir. 1990), writ denied, 572 So.2d 93 (La. 1991) (finding language of release so broad as to clearly cover liability sued upon); Shepherd v. Allstate Ins. Co., 562 So.2d 1099, 1102 (La.App. 4th Cir. 1990) (holding unambiguous release executed by literate, intelligent party could not be nullified absent vice of consent); Watkins v. Johns-Manville Corp., 458 So.2d 212, 215-16 (La.App. 5th Cir. 1984) (plain and unambiguous agreement is properly construed based solely on language of document); Succession of Teddlie, 385 So.2d 902, 905 (La.App. 2d Cir.), writ refused, 393 So.2d 742 (La. 1980); see also National Union Fire Ins. Co. of Pittsburgh, Pa. v. Circle, Inc., 915 F.2d 986, 990 (5th Cir. 1990); Ingram Corp. v. J. Ray McDermott Co., 698 F.2d 1295, 1312 (5th Cir. 1983) (noting that Louis

  3. Graugnard v. Graugnard

    342 So. 3d 1022 (La. Ct. App. 2022)   Cited 1 times

    Additionally, this Court has held that "[t]he Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes." Robbert v. Carroll , 97-0854, pp. 1-2 (La. App. 4 Cir. 9/10/97), 699 So. 2d 1103, 1104 (citing La. C.C. art. 3071 ; Brown v. Simoneaux , 593 So.2d 939 (La. App. 4 Cir.1992) ). La. C.C. art 3071 explicitly provides that a compromise between parties acts to "settle a dispute or an uncertainty concerning an obligation or other legal relationship." Furthermore, such compromise "precludes the parties from bringing a subsequent action based upon the matter that was compromised."

  4. Hoddinott v. Hoddinott

    253 So. 3d 233 (La. Ct. App. 2018)   Cited 3 times

    " Robbert v. Carroll , 97-0854, pp. 1-2 (La. App. 4 Cir. 9/10/97), 699 So.2d 1103, 1104 (citing Brown v. Simoneaux , 593 So.2d 939 (La. App. 4 Cir. 1992) ); See also , Penton v. Castellano , 49,843, p. 9 (La. App. 2 Cir. 6/24/15), 169 So.3d 739, 746 (where the appellate court explained that the doctrine of res judicata applies to a compromise or settlement between parties and noted that "compromises have the legal efficacy of the thing adjudged."). In Oliver , the Supreme Court explained that the fact that claims were not actually litigated or adjudicated in a prior suit was irrelevant under "the 1991 amendment to La. R.S. 13:4231," as the test was "now whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the prior action."

  5. Hoddinott v. Hoddinott

    NO. 2017-CA-0841 (La. Ct. App. Aug. 1, 2018)

    " Robbert v. Carroll, 97-0854, pp. 1-2 (La. App. 4 Cir. 9/10/97), 699 So.2d 1103, 1104 (citing Brown v. Simoneaux, 593 So.2d 939 (La. App. 4 Cir. 1992)); See also, Penton v. Castellano, 49,843, p. 9 (La. App. 2 Cir. 6/24/15), 169 So.3d 739, 746 (where the appellate court explained that the doctrine of res judicata applies to a compromise or settlement between parties and noted that "compromises have the legal efficacy of the thing adjudged."). In Oliver, the Supreme Court explained that the fact that claims were not actually litigated or adjudicated in a prior suit was irrelevant under "the 1991 amendment to La. R.S. 13:4231," as the test was "now whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the prior action."

  6. Montgomery v. Montgomery

    87 So. 3d 376 (La. Ct. App. 2012)   Cited 13 times

    These terms are unambiguous and leave nothing to be misunderstood. See Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir.1992); Barnhill v. Consol. Med., Disability & Life Trust, 569 So.2d 1115 (La.App. 3d Cir.1990), writ denied,572 So.2d 93 (La.1991). This assignment of error is without merit.