Cited by

Opinions in Louisiana that cite Matthews-McCracken Rutland Corp. v. City of Plaquemine, 414 So. 2d 756.

33 citing documents.

Southeast Dirt, L.L.C. v. D.R. Horton, Inc. - Gulf Coast La. Ct. App. 1st Cir. 2024
Melanie King, Danielle Davis, and Brittany Fox Versus Blue Haven Pools of Louisiana Inc. and Robert Namer La. Ct. App. 5th Cir. 2021
Nelson v. H20 Hair, Inc. 274 So. 3d 747 La. Ct. App. 1st Cir. 2019
court, citing Matthews-McCracken Rutland Corp. v. City of Plaquemine , , 757 (La.
Swaggart v. Doe 216 So. 3d 1118 La. Ct. App. 2d Cir. 2017
Lincoln Builders, Inc., supra-, (La.
Delta Administrative Services, L.L.C. v. Limousine Livery, Ltd. 216 So. 3d 906 La. Ct. App. 1st Cir. 2015
v. Johns-Manville Sales Corp., 02-3060, p. 3 (La.12/3/03), ; (holding that “[o]nce the court finds an agreement to arbitrate and a failure to comply therewith, the court shall order arbitration”), The proper procedure for a party to raise the failure to submit to arbitration is either a dilatory exception of prematurity or a motion to stay.
Mark McDonnell and Marie McDonnell v. Architectural Solutions, LLC La. Ct. App. 3d Cir. 2014
siana Supreme Court has noted that “[b]ecause of the strong public policy favoring the right to demand arbitration, a party’s otherwise explainable conduct should be construed against waiver of the right” and “[o]nly in extreme cases have 4 courts found waiver of the right to demand arbitration.”
McDonnell v. Architectural Solutions, LLC 150 So. 3d 572 La. Ct. App. 1st Cir. 2014
TUBBS RICE DRYERS, INC. v. Martin 33 So. 3d 926 La. Ct. App. 2d Cir. 2010
See also footnote 4 where the supreme court stated that an objection to proceeding to trial instead of arbitration may also be raised by the exception of no cause of action.
BARKLEY ESTATE COMMUNITY ASS'N v. Huskey 30 So. 3d 992 La. Ct. App. 1st Cir. 2010
n. 4 (La.1982), the Louisiana Supreme Court noted that the objection to proceeding to trial, rather than to arbitration, may be raised by an exception of prematurity, which must be pleaded pri- or to answer.
Rathborne v. Rathborne 999 So. 2d 816 La. Ct. App. 4th Cir. 2008
Touro Infirmary v. Sizeler Architects 947 So. 2d 740 La. Ct. App. 4th Cir. 2007
Lincoln Builders, Inc. v. RAINTREE INVEST. CORP. 866 So. 2d 326 La. Ct. App. 2d Cir. 2004
Intern. River Ctr. v. Johns-Manville Sales 861 So. 2d 139 La. 2003
Integrity Flooring v. Mid South Contractors 857 So. 2d 582 La. Ct. App. 1st Cir. 2003
Lorusso v. Landrieu Enterprises, Inc. 848 So. 2d 656 La. Ct. App. 4th Cir. 2003
Pumpelly Oil, Inc. v. Ribbeck Const. Corp. 838 So. 2d 88 La. Ct. App. 3d Cir. 2003
Co. of America, 99-1423 (La.1/19/00)
Flatland Real Estate Co., LLC v. Dugas Const., Inc. 784 So. 2d 867 La. Ct. App. 3d Cir. 2001
HOSPITAL SERV. DIST. 3 v. Fidelity & Dep. Co. 809 So. 2d 145 La. Ct. App. 1st Cir. 2001
Additionally, the supreme court itself decided *149 the issue of whether a party had waived its right to demand arbitration, without mention of whether the issue should have been referred to the arbitrator.
Thomas v. Desire Community Housing Corp. 773 So. 2d 755 La. Ct. App. 4th Cir. 2000
Albert K. Newlin, Inc. v. Morris 758 So. 2d 222 La. Ct. App. 3d Cir. 2000
In Matthews-McCracken Rutland Corp., v. City of Plaquemine, the Louisiana Supreme Court discussed I.D.C., Inc. and Sim in its consideration of whether an arbitration agreement existing in that case had been waived.
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
9:4201 et seq., which has been interpreted to require that "[o]nce the court finds an agreement to arbitrate and a failure to comply therewith, the court shall order arbitration," (citation omitted; emphasis in original).
Moore v. Automotive Protection Corp. 695 So. 2d 550 La. Ct. App. 4th Cir. 1997
Cenla Physical Therapy v. Layergne 666 So. 2d 660 La. 1996
ELECTRICAL & INSTRUMENTATION v. McDermott 627 So. 2d 702 La. Ct. App. 4th Cir. 1993
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
The Louisiana Supreme Court set forth the test for determining when there has been a waiver of the right to demand arbitration in Matthews-McCracken Rutland Corp., etc., : Neither the mere answering of judicial demand nor the mere delay in filing the demand for arbitration necessarily constitutes a waiver of the right to demand arbitration, especially in the absence of prejudice to the opposing party ...
Big River Const. v. UNIVERSITY CLUB I ARTS. 598 So. 2d 542 La. Ct. App. 1st Cir. 1992
Collins v. Merrill Lynch, Pierce, Fenner and Smith, Inc. 561 So. 2d 952 La. Ct. App. 4th Cir. 1990
Musso's Corner, Inc. v. a & R UNDERWRITERS, INC. 539 So. 2d 915 La. Ct. App. 4th Cir. 1989
Folkland v. Thomson McKinnon Sec., Inc. 484 So. 2d 310 La. Ct. App. 3d Cir. 1986
Franzone v. Merchants Trust & Savings Bank 437 So. 2d 1192 La. Ct. App. 1st Cir. 1983
The Supreme Court recently held in: Matthews-McCracken Rutland Corp., Etc., at 757: “Neither the mere answering of a judicial demand nor the mere delay in filing the demand for arbitration necessarily constitutes a waiver of the right to demand arbitration, especially in the absence of prejudice to the opposing party.
Campagna v. Smallwood 428 So. 2d 1343 La. Ct. App. 4th Cir. 1983
the Louisiana Supreme Court reaffirmed the legislative mandate to the courts to order arbitration when suit has been filed despite an arbitration agreement.