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

> Louisiana Court of Appeal · January 19, 2011 · 2010 La.App. 4 Cir. 1117

URL: https://www.frixlaw.com/law-library/cases/4862796

## Case

- **Full name:** NEW ORLEANS PRIVATE PATROL SERVICE, INC. v. VALIANT PAYROLL SERVICE, INC. and Valiant Communication, Inc.
- **Court:** Louisiana Court of Appeal
- **Decided:** January 19, 2011
- **Citations:** 2010 La.App. 4 Cir. 1117; 56 So. 3d 1084; 2011 La. App. LEXIS 41; 2011 WL 188841
- **Precedential status:** Published
- **Opinion:** Concurrence by Tobias
- **Judges:** Lombard, Love, Reasons, Tobias
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4862796

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4862796. Public record. Not legal advice.