ANDERSON v. BECHTEL OG CONSTRUCTION SERVICES INC (2019)

Supreme Court of Louisiana.

Carlos Larome ANDERSON, et al. v. BECHTEL OG & C CONSTRUCTION SERVICES, INC.

NO. 2018-CC-1975

Decided: February 18, 2019

ON SUPERVISORY WRITS TO THE THIRTY-EIGHTH JUDICIAL DISTRICT COURT FOR THE PARISH OF CAMERON

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.

PER CURIAM

Hughes, J., would deny the writ.

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