2020CW1159 Nonprecedential Writ granted Processed

Assumption Parish Police Jury v. Texas Brine Company, LLC

Louisiana Court of Appeal, First Circuit · Filed February 22, 2021

Also decided on this docket: La. Ct. App. 1st Cir., March 26, 2021

Authorities cited

Identified automatically; this list may not be exhaustive.

  • 279 So. 3d 936 not in our corpus

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT
ASSUMPTION PARISH POLICE JURY, ET NO. 2020 CW 1159
AL.

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

CONSOLIDATED WITH

STATE OF LOUISIANA

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

CONSOLIDATED WITH

ASSUMPTION PARISH SHERIFF MIKE
WAGUESPACK
FEBRUARY 22, 2021
VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

In Re: Occidental Chemical Corporation, Occidental Petroleum

Corporation, and OXY USA, Inc., applying for supervisory writs, 23rd
Judicial District Court, Parish of Assumption, Nos. 34386 c/ w 34389
c/ w 34391.

BEFORE: GUIDRY, MCDONALD, AND WELCH, JJ.

WRIT GRANTED. The trial court erred by failing to grant

Occidental Chemical Corporation, Occidental Petroleum Corporation,

and OXY USA, Inc.' s, motion to stay pending the arbitration panel' s
determination of arbitrability of all claims asserted between
Occidental Chemical Corporation, Occidental Petroleum Corporation,

OXY USA, Inc., and Texas Brine Company, LLC. Therefore, we reverse

the portion of the trial court' s October 22, 2020 judgment which

denied Occidental Chemical Corporation, Occidental Petroleum

Corporation, and OXY USA, Inc.' s motion
to stay all claims asserted
by and between Texas
Company, LLC, OXY
BrineUSA, Inc., and

Occidental Petroleum Corporation including tort claims asserted

between Texas Brine Company, LLC and Occidental Chemical

Corporation. We grant the motion to stay pending arbitration filed
Occidental Chemical Corporation, Occidental Petroleum
by
Corporation, and OXY USA, Inc. All causes of action asserted in this
action between Texas Brine Company, LLC, Occidental Chemical

Corporation, Occidental Petroleum Corporation, and OXY USA, Inc. are

hereby stayed pending a determination of arbitrability of the claims
between these parties by the arbitration panel and the arbitration
of the claims subject thereto. See Assumption Parish Police Jury v.
Texas Brine Company, LLC, 2018- 0364 ( La. App. 1st Cir. 3/ 19/ 19),
2019 WL 1306141 ( unpublished), writ denied, 2019- 00958 ( La.

9/ 24/ 19), 279 So. 3d 936.
JMG
JMM
JEW

CO RT OF APPEAL, FIRST CIRCUIT

D P CLERK OF COURT

FOR THE COURT