Assumption Parish Police Jury v. Texas Brine Company, LLC
Also decided on this docket: La. Ct. App. 1st Cir., March 26, 2021
Assumption Parish Police Jury v. Texas Brine Company, LLC, No. 2020CW1159 (La. Ct. App. 1st Cir. Feb. 22, 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2019 WL 1306141 ( unpublished), writ denied, 2019- 00958 ( La.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