Covenant General Contractors, Inc. VS S.J. Louis Construction of Texas Ltd. and City of Baton Rouge, East Baton Rouge Parish and Liberty Mutual Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT COVENANT GENERAL 2020 NO. INC. CONTRACTORS, CW 0939 VERSUS S. J. LOUIS LTD. AND BATON ROUGE MUTUAL In CONSTRUCTION CITY OF PARISH INSURANCE S. J. Re: 2020 DECEMBER $, LIBERTY Construction 19th The trial court' East of Ltd. JJ. judgment s Texas, of of exception is arbitration stay pending of Construction Texas, supervisory Parish Court, PENZATO, Construction Company' s, to Liberty and for applying District AND HOLDRIDGE, Louis S. J. Insurance Ltd. 682787. No. GRANTED. Texas, of Company, Judicial Rouge, McDONALD, defendants', EAST Insurance Baton Mutual AND Louis writs, WRIT TEXAS, ROUGE, COMPANY Mutual BEFORE: OF BATON Ltd. and Liberty and prematurity motion Louis S. J. reversed. General Covenant and the denying Contractors, including by those arising out of any administrative and/ or statutory basis. Tnc. issue The to agreed waived of 3060 ( v. River 12/ 3/ La. Duplantier & 1st Meric, arbitrator Fla. Gas 134. and motion to of is these Cir. 2019), 876; 2011- 0978 ( stay the of the 12/ v. and Texas 1st this or 267 Cir. her own to the So. 3d Company, 637, 633, 2019- 0333 ( 5/ Inc. 4/ of is La. E- V. 94 12), exception matter t] he agreement." Brine Contractors, App. by subject respect denied, writ defendants' granted his on with 6/ 18), Jasper La. the arbitration LLC App. that "[ agreed rule La. Association' s into Rules to Inc. Additionally, Arbitration Company, 1st 25, So. 3d Accordingly, arbitration any App. 461. objections 2002- Corp., Constructors, 2006- 1950 ( L. L. C., 455, has decide. to Sales Arkel parties validity Jan. LLC, 123, or La. denied ( reh' g 6/ 26/ 19), 275 142; power Transmission 2017- 0304 ( Claim. com, the including scope, existence, the agreement arbitrator Arbitration have shall 139, So. 2d agreements, jurisdiction, the American Industry arbitration arbitration an Architects, 965 parties, Johns -Manville v. So. 2d the Construction LLC, 861 7/ 25/ 07), Cir. incorporating See Center 03), to party is for arbitration the claims a whether International all arbitrate So. 3d prematurity stayed pending claims. JMM AHP Holdridge, the better district J., for court with the parties 413 So. 2d C T 487 ( A Giacona FOR CL RK THE OF v. 1982). FIRST CIRCUIT COURT COURT the to of result, remand the afforded the T DEPUTY in be re -trial being La. AL, would a evidence. relevant OF concurs approach although this exception of opportunity to Conti Commodity I matter believe to the prematurity, introduce Services, all Inc.,
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