scope of an arbitration clause (Louisiana) · Go Syfert
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scope of an arbitration clause in Louisiana

11 Louisiana opinions name it 2 courts 2005–2017 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Aguillard v. Auction Management Corp.green
la · 2005 · cited in 10 Louisiana opinions naming this issue, 2005–2017
2 sentences

2017“Accordingly, even when the scope of an arbitration clause is fairly debatable or reasonably in doubt, the court should decide the question of construction in favor of arbitration.” Aguillard , 04-2804 at 908 So.2d at 25 .

2012Corp., 04-2804 (La.6/29/05), 908 So.2d 1 , 18: ... even when the scope of an arbitration clause is fairly debatable or reasonably in doubt, the court should decide the question of construction in favor of arbitration.

110
D & B Framing, Inc. v. Harris Builders, L.L.C.green
lactapp · 2010 · cited in 1 Louisiana opinions naming this issue, 2014–2014
1 sentence

2014See Bolden , 10-940, pp. 10-11, 60 So.3d at 686 ; and D & B Framing, Inc. v. Harris Builders, L.L.C., 10-0591, p. 3, 47 So.3d 634, 636 (La.App. 4 Cir.2010).

11
Bolden v. Fedex Ground Package System, Inc.green
lactapp · 2011 · cited in 1 Louisiana opinions naming this issue, 2014–2014
1 sentence

2014See Bolden , 10-940, pp. 10-11, 60 So.3d at 686 ; and D & B Framing, Inc. v. Harris Builders, L.L.C., 10-0591, p. 3, 47 So.3d 634, 636 (La.App. 4 Cir.2010).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Allied-Bruce Terminix Cos., Inc. v. Dobson green
scotus · 1995
2 sentences

2006The supreme court explained in Aguillard, 908 So.2d at 8 , that "states may invalidate an *597 arbitration clause `upon such grounds as exist at law or in equity for the revocation of any contract.'" ( Quoting Allied-Bruce Terminix Cos., Inc. v. Dobson, 513 U.S. 265, 281 , 115 S.Ct. 834, 843 , 130 L.Ed.2d 753 (1995).) The supreme court held that a presumption of arbitrability exists, and "even when the scope of an arbitration clause is fairly debatable or reasonably in doubt, the court should decide the question of construction in favor of arbitration.

2006The supreme court explained in Aguillard, 908 So.2d at 8 , that "states may invalidate an *597 arbitration clause `upon such grounds as exist at law or in equity for the revocation of any contract.'" ( Quoting Allied-Bruce Terminix Cos., Inc. v. Dobson, 513 U.S. 265, 281 , 115 S.Ct. 834, 843 , 130 L.Ed.2d 753 (1995).) The supreme court held that a presumption of arbitrability exists, and "even when the scope of an arbitration clause is fairly debatable or reasonably in doubt, the court should decide the question of construction in favor of arbitration.

12006–2006

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:4201 (6) LA § La. Rev. Stat. § 9:4210 (4) USC § 9u.s.c.1 (4) LA § La. Rev. Stat. § 9:4202 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 74 (1992–2026) CA 29 (1985–2025) OH 25 (1990–2025) IL 20 (1978–2025) FL 18 (1993–2026) PA 12 (1991–2025) LA 11 (2005–2017) NC 10 (1998–2025) MD 10 (1994–2019) CO 9 (1993–2017) AL 8 (1995–2013) NY 6 (1972–2020) VA 5 (1995–2011) NJ 5 (2004–2025) SC 5 (2001–2016) ID 4 (2003–2026) WA 4 (1977–2024) UT 3 (1986–2021) OR 3 (2007–2022) NH 3 (1970–2018) MN 3 (1989–2002) MT 2 (2009–2009) MI 2 (1983–2016) MS 2 (2004–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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