FLORIDA GAS TRANSMISSION COMPANY LLC v. TEXAS BRINE COMPANY LLC (2021)

Application for reconsideration not considered. See Louisiana Supreme Court Rule IX, § 6.

As I have stated on previous occasions, while Supreme Court Rule IX, § 6 prohibits reconsideration of a prior writ denial, an exception to this rule should exist in order to further the interest of justice in certain extraordinary circumstances where good cause is shown. See Boutte v. Boutte, 20-985 (La. 2/9/21), 309 So.3d 731, citing State v. Hauser, 20-429 (La. 10/6/20), 302 So.3d 514 (mem) (Crichton, J., would grant reconsideration and assigning reasons), and Harris v. Am. Home Assurance Co., 2018-589 (La. 8/31/18), 251 So. 3d 397, 398 (Crichton, J., would grant reconsideration); Marable v. Empire Truck Sales of La., LLC, 2017-1469 (La. 11/17/17), 230 So.3d 212 (Crichton, J., would grant reconsideration); and State v. Franklin, 2019-1454 (La. 1/14/20), 286 So. 3d 1039 (mem) (Crichton, J., additionally concurring with grant of reconsideration). Because I find good cause has been shown, namely, the unresolved issue of whether a district court, after vacating an arbitration award, may retain jurisdiction over the question originally referred to arbitration under the Federal Arbitration Act, See 9 U.S.C. § 10(b), I would grant reconsideration and docket the case for oral argument.

It is only because Louisiana Supreme Court Rule IX, Sec. 6, does not allow for the consideration of applications for rehearing (reconsideration) from a denial of a supervisory writ by this Court that I am compelled to vote to deny this application for reconsideration.

Hughes, J., would grant. Crichton, J., would grant and assigns reasons. Genovese, J., concurs in the result and assigns reasons. Griffin, J., concurs in the result for reasons assigned by Justice Genovese. Crain, J., recused.