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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.
SJC
BJJ
JTK
JLW
GGG
MRC
Deputy
Clerk for Court
For the Court
HUGHES, J., would deny.
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Docket No: NO. 2016-CC-1774
Decided: October 28, 2016
Court: Supreme Court of Louisiana.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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