Opinion

New Orleans Private Patrol Service, Inc. v. Valiant Payroll Service, Inc.

  • 2010 La.App. 4 Cir. 1117
  • 56 So. 3d 1084
  • 2011 La. App. LEXIS 41
  • 2011 WL 188841
Court
Louisiana Court of Appeal
Filed
Jan 19, 2011
Status
Published
Author
Tobias
On the bench
Lombard, Love, Reasons, Tobias
Cited by
1 cases
Authority
More cited than 17.8%

questioning the validity of George Engine Co., Inc. v. Southern Shipbuilding Corp., 350 So.2d 881 (La. 1977) and the rejection of the separability doctrine.

How later courts described this case

  • questioning the validity of George Engine Co., Inc. v. Southern Shipbuilding Corp., 350 So.2d 881 (La. 1977) and the rejection of the separability doctrine.

Written by the judges who cited it.

The opinion

TOBIAS, J.,

Concurs and Assigns Reasons.

1,1 respectfully concur. In my view, it is doubtful that George Engine Co., Inc. v. Southern Shipbuilding Corp., 350 So.2d 881 (La.1977), is valid law except possibly when an arbitration involves only Louisiana intrastate commerce, the parties to the contract at issue are Louisiana citizens, and only Louisiana law applies to the issues. The United States Supreme Court’s holdings in Preston v. Ferrer, 552 U.S. 346 , 128 S.Ct. 978 , 169 L.Ed.2d 917 (2008) and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 , 126 S.Ct. 1204 , 163 L.Ed.2d 1038 (2006) have silently adopted Justice Tate’s dissenting opinion in George Engine. When interstate commerce is impacted, as in the case at bar, we are required to submit the issues of error and lack of consent (and by implication issues of a similar nature, such as fraud in connection with entry into the contract at issue) to arbitration first if the parties have contracted to resort to arbitration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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