SABIC Petrochemicals Holding US, Inc. v. Williams Olefins, L.L.C. and The Williams Companies, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SABIC PETROCHEMICALS HOLDING NO. 2019 CW 0770
US, INC.

VERSUS

WILLIAMS OLEFINS, L. L. C. AND

THE WILLIAMS COMPANIES, INC. SEP 0 3 2019

In Re: Williams Olefins, LLC and The Williams Companies,
Inc., applying for supervisory writs, 18th Judicial
District Court, Parish of Iberville, No. 76976.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The trial court' s May 17, 2019 judgment in
open court granting portions of the Motion for Partial Summary
Judgment of SABIC Petrochemicals Holding US, Inc. regarding
breach of contract claims is reversed. Under our de novo

review, we find the trial court erred in granting relief not

requested in the motion. La. Code Civ. P. art. 966( F); Jackson
v. City of Zachary, 2017- 1583 ( La. App. 1st Cir. 8/ 6/ 18), 256
So. 3d 323, 329. Moreover, genuine issues of material fact as to
whether the actions or inactions of Williams Olefins, L. L. C. and

The Williams Companies Inc. constituted a breach of the terms of
the 1966 Operating Agreement precluding the granting of this

motion for partial summary judgment. La. Code Civ. P. art.

966( A)( 3) D).
Accordingly,
and ( the Motion for Partial Summary
Judgment filed
by plaintiff, SABIC Petrochemicals Holding US,
Inc., regarding breach of contract claims is denied.

TMH
AHP

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEP CLERK OF COURT
FOR THE COURT