Cited by

Opinions in Louisiana that cite Bartley, Inc. v. Jefferson Parish School Board, 302 So. 2d 280.

46 citing documents.

J. Caldarera & Company, Inc. Versus Triumph Construction Company, LLC. and Atain Specialty Insurance Company La. Ct. App. 5th Cir. 2024
Nelson v. H20 Hair, Inc. 274 So. 3d 747 La. Ct. App. 1st Cir. 2019
Goodrich Petroleum Co. v. MRC Energy Co. 137 So. 3d 200 La. Ct. App. 1st Cir. 2014
4 Cir. 12/15/10), , quoting Bartley
Wilson v. Allums 94 So. 3d 908 La. Ct. App. 2d Cir. 2012
Jasper Contractors, Inc. v. E-Claim.com, LLC 94 So. 3d 123 La. Ct. App. 1st Cir. 2012
§§ 3 and 4) allows the district court to determine the issue of whether arbitration has been waived, citing Bartley, (which held that LSA-R.S.
Regions Bank v. Weber 53 So. 3d 1284 La. Ct. App. 1st Cir. 2010
In Bartley, the Louisiana Supreme Court stated: One of the basic reasons for the existence of arbitration agreements is to allow the parties to achieve speedy settlement of their differences out of court ...
Arkel Constructors v. Duplantier & Meric 965 So. 2d 455 La. Ct. App. 1st Cir. 2007
Touro Infirmary v. Sizeler Architects 947 So. 2d 740 La. Ct. App. 4th Cir. 2007
Matthews-McCracken, 414 So.2d at 757 citing Bartley, Inc. v. Jefferson Parish *747 School Board (emphasis added).
Dufrene v. HBOS MFG., LP 872 So. 2d 1206 La. Ct. App. 4th Cir. 2004
& Safety Systems, Inc. v. Motorola, *1211 Inc., 297 F.3d 388, 393 (5th Cir.2002); Bartley
Intern. River Ctr. v. Johns-Manville Sales 861 So. 2d 139 La. 2003
In the case of Bartley, a contractor sued a subcontractor and the owner to compel the arbitration of a matter arising out of a construction contract.
Pumpelly Oil, Inc. v. Ribbeck Const. Corp. 838 So. 2d 88 La. Ct. App. 3d Cir. 2003
Ribbeck argues that the trial court determined issues of "procedural arbitrability" that should have been presented to an arbitrator, citing Bartley, (La.
Newburger v. Sharp 836 So. 2d 541 La. Ct. App. 1st Cir. 2002
Zelenak v. Fazzio 833 So. 2d 386 La. Ct. App. 1st Cir. 2002
American LifeCare, Inc. v. Wood 826 So. 2d 646 La. Ct. App. 4th Cir. 2002
Montelepre , XXXX-XXXX at p. 3, 787 So.2d at 1130 ; Bartley
Montelepre v. Waring Architects 787 So. 2d 1127 La. Ct. App. 4th Cir. 2001
Flatland Real Estate Co., LLC v. Dugas Const., Inc. 784 So. 2d 867 La. Ct. App. 3d Cir. 2001
In Bartley, the supreme court determined that "questions of procedural arbitrability" should be submitted to an arbitrator; they are not to be decided by a court.
HOSPITAL SERV. DIST. 3 v. Fidelity & Dep. Co. 809 So. 2d 145 La. Ct. App. 1st Cir. 2001
Citing Standard Company of New Orleans, Inc. v. Elliott Construction Company, Inc., and Bartley, F & D argues that waiver of arbitration is an arbitrable issue that cannot be litigated prior to arbitration.
Thomas v. Desire Community Housing Corp. 773 So. 2d 755 La. Ct. App. 4th Cir. 2000
Bartley, is distinguished on the basis that it was a suit to compel arbitration.
Distinguished Albert K. Newlin, Inc. v. Morris 758 So. 2d 222 La. Ct. App. 3d Cir. 2000
In support of this contention, Ribbeck cites: Standard Company of New Orleans, Inc. v. Elliott Construction Co., Inc., Bartley, (La.App.
In Re Succession of Taravella 734 So. 2d 149 La. Ct. App. 5th Cir. 1999
1977); Bartley, and Hurley v. Fox, supra.
Conagra Poultry Co. v. Collingsworth 705 So. 2d 1280 La. Ct. App. 2d Cir. 1998
Metro Riverboat Associates, Inc. v. Bally's Louisiana, Inc. 706 So. 2d 553 La. Ct. App. 4th Cir. 1998
Bally's thus contends that because the Operating Agreement clearly includes an arbitration clause and there is no assertion that the contract is unenforceable, any further "questions of procedural arbitrability" must be referred to the arbitrator, as the Supreme Court held in Bartley
Blanchard v. Petmecky 709 So. 2d 796 La. Ct. App. 1st Cir. 1997
Parker v. ST. TAMMANY HOSP. SERV. DIST. 670 So. 2d 531 La. Ct. App. 1st Cir. 1996
Gendusa v. City of New Orleans 635 So. 2d 1158 La. Ct. App. 4th Cir. 1994
Charles Ragusa & Son, Inc. v. ST. JOHN BAPTIST PARISH SCHOOL BD. 629 So. 2d 1302 La. Ct. App. 4th Cir. 1993
The Court of Appeal affirmed, relying on Bartley
Russellville Steel Co., Inc. v. a & R EXCAVATING, INC. 624 So. 2d 11 La. Ct. App. 5th Cir. 1993
B & S EQUIPMENT CO., INC. v. Carl E. Woodward, Inc. 620 So. 2d 347 La. Ct. App. 5th Cir. 1993
Big River Const. v. UNIVERSITY CLUB I ARTS. 598 So. 2d 542 La. Ct. App. 1st Cir. 1992
Matthews-McCracken Rutland Corp. v. City of Plaquemine, 414 So.2d at 757 ; Bartley, (La.
Sun Belt Constructors v. Plaquemines Parish 590 So. 2d 832 La. Ct. App. 4th Cir. 1991
held that, under the Louisiana Arbitration Law, the only triable issues in a suit to enforce an arbitration agreement are: was an arbitration agreement made and did a party fail or refuse to comply with the agreement.
Kosmala v. Paul 569 So. 2d 158 La. Ct. App. 1st Cir. 1990
National Tea Co. v. Richmond 548 So. 2d 930 La. 1989
Landry v. WILLIAM B. REILY & COMPANY, INC. 524 So. 2d 750 La. Ct. App. 3d Cir. 1988
Folkland v. Thomson McKinnon Sec., Inc. 484 So. 2d 310 La. Ct. App. 3d Cir. 1986
Bartley, Standard Company of New Orleans, Inc. v. Elliott Const. Co., Inc.
North Cent. Util., Inc. v. East Columbia Water Dist. 480 So. 2d 901 La. Ct. App. 2d Cir. 1985
Woodson Const. Co., Inc. v. RL Abshire Const. Co. 459 So. 2d 566 La. Ct. App. 3d Cir. 1984
State, Div. of Admin. v. Algernon Blair, Inc. 415 So. 2d 612 La. Ct. App. 3d Cir. 1982
Matthews-McCracken Rutland Corp. v. City of Plaquemine 414 So. 2d 756 La. 1982
IDC, Inc. v. McCain-Winkler Partnership 396 So. 2d 590 La. Ct. App. 3d Cir. 1981
[3] The trial court, in making its ruling, relied on the decision of the Supreme Court in Bartley, and LSA-R.S.
Willis-Knighton Med. Ctr. v. So. Builders, Inc. 392 So. 2d 505 La. Ct. App. 2d Cir. 1980
Waterworks District No. 1 of the Parish of Terrebonne v. Babin 393 So. 2d 282 La. Ct. App. 1st Cir. 1980
Daigre Engineers, Inc. v. City of Winnfield 385 So. 2d 866 La. Ct. App. 2d Cir. 1980
The case of Bartley, (La.
NAT. BLDG., ETC. v. Lafourche Parish Police Jury 381 So. 2d 867 La. Ct. App. 1st Cir. 1980
STANDARD CO., ETC. v. Elliott Const. Co., Inc. 363 So. 2d 671 La. 1978
Applicant, Elliott, contends that the Court of Appeal erred in ruling Elliott waived its right to submit the claim to a panel of arbitrators and in not following Bartley, where this court held that a question of waiver of the right to claim arbitration should be decided by the arbitrator and not the court.
Standard Co. of New Orleans v. Elliott Construction Co. 359 So. 2d 224 La. Ct. App. 1st Cir. 1978
The lower court relied on Bartley, Inc. v. Jefferson Parish School Board, La., (1974) in deciding that the only issues before it were: whether an agreement to arbitrate had been made, and whether the opponent had refused or failed to comply.
CAJUN ELEC. POWER CO-OP., INC. v. Louisiana Power & Light Co. 324 So. 2d 475 La. Ct. App. 4th Cir. 1975
In Bartley, the Supreme Court considered exceptions of no cause of action, prematurity and waiver.