arbitration agreement defense (Louisiana) · Go Syfert
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arbitration agreement defense in Louisiana

6 Louisiana opinions name it 2 courts 1978–2017 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
Danner v. MBNA America Bank, N.A.green
ark · 2007 · cited in 1 Louisiana opinions naming this issue, 2011–2011
2 sentences

2011See Danner v. MBNA America Bank, NA, 369 Ark. 435 , 255 S.W.3d 863, 867 (2007) (The "time limits provided by section 12 . . . do not prevent a party who did not participate in an arbitration proceeding from challenging the validity of the award at the time of its enforcement on the basis that no written agreement to arbitrate existed between the parties"); MBNA America Bank, NA v. Christianson, 377 S.C. 210 , 659 S.E.2d 209, 212 (S.C.App.2008) ("MBNA could not rely on the debtor's tardiness in challenging the award if the arbitrator never had jurisdiction to arbitrate and enter an award . . .

2011See Danner v. MBNA America Bank, NA, 369 Ark. 435 , 255 S.W.3d 863, 867 (2007) (The "time limits provided by section 12 . . . do not prevent a party who did not participate in an arbitration proceeding from challenging the validity of the award at the time of its enforcement on the basis that no written agreement to arbitrate existed between the parties"); MBNA America Bank, NA v. Christianson, 377 S.C. 210 , 659 S.E.2d 209, 212 (S.C.App.2008) ("MBNA could not rely on the debtor's tardiness in challenging the award if the arbitrator never had jurisdiction to arbitrate and enter an award . . .

11
MBNA America Bank, N.A. v. Christiansongreen
scctapp · 2008 · cited in 1 Louisiana opinions naming this issue, 2011–2011
2 sentences

2011See Danner v. MBNA America Bank, NA, 369 Ark. 435 , 255 S.W.3d 863, 867 (2007) (The "time limits provided by section 12 . . . do not prevent a party who did not participate in an arbitration proceeding from challenging the validity of the award at the time of its enforcement on the basis that no written agreement to arbitrate existed between the parties"); MBNA America Bank, NA v. Christianson, 377 S.C. 210 , 659 S.E.2d 209, 212 (S.C.App.2008) ("MBNA could not rely on the debtor's tardiness in challenging the award if the arbitrator never had jurisdiction to arbitrate and enter an award . . .

2011See Danner v. MBNA America Bank, NA, 369 Ark. 435 , 255 S.W.3d 863, 867 (2007) (The "time limits provided by section 12 . . . do not prevent a party who did not participate in an arbitration proceeding from challenging the validity of the award at the time of its enforcement on the basis that no written agreement to arbitrate existed between the parties"); MBNA America Bank, NA v. Christianson, 377 S.C. 210 , 659 S.E.2d 209, 212 (S.C.App.2008) ("MBNA could not rely on the debtor's tardiness in challenging the award if the arbitrator never had jurisdiction to arbitrate and enter an award . . .

11
Simpson v. Pep Boys-Manny Moe & Jack, Inc.green
lactapp · 2003 · cited in 1 Louisiana opinions naming this issue, 2005–2005
1 sentence

2005See Simpson, 03-0358, p. 6-7, 847 So.2d at 622-23 .

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 (4)

CaseCitedYears
Aeneas Williams Imports, L.L.C. v. Carter green
lactapp · 2012
1 sentence

2017In Aeneas Williams Impends, LLC v. Carter, 47,989 (La.App. 2 Cir. 12/13/12), 131 So.3d 894 , this court found that the trial court properly sustained the defendants’ exception of lack of subject matter jurisdiction because the evidence demonstrated the existence of a valid arbitration agreement. 11fiMuch of the evidence cited by Respondent in her opposition to this application is not part of the record for review, as it was not admitted into evidence at the hearing on Regions’ exceptions and motion.

12017–2017
Aguillard v. Auction Management Corp. green
la · 2005
1 sentence

2013Aguillard, supra, is the seminal case in this state addressing the validity of an arbitration agreement in a standard form contract under a “contract of adhesion” analysis.

12013–2013
STANDARD CO., ETC. v. Elliott Const. Co., Inc. green
la · 1978
1 sentence

2001The court noted that "there is a significant legal and practical distinction between the validity of a contract ab initio... and the waiver of the right to enforce the arbitration agreement clause of a valid contract because of actions of a party after the contract was performed." Standard, 363 So.2d at 674 .

12001–2001
Bartley, Inc. v. Jefferson Parish School Board green
la · 1974
1 sentence

1978The Court of Appeal in the instant case did not properly apply the holding of Bartley, Inc. v. Jefferson Parish School Board, supra. In Bartley the subcontractor and owner contended that the general contractor's demand for arbitration, pursuant to the same AIA arbitration agreement as the instant case, was premature because he had not referred the claim to the architect before making demand.

11978–1978

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:4201 (6)

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 29 (2001–2026) CA 23 (1953–2025) LA 6 (1978–2017) NY 4 (1956–2001) GA 3 (2013–2013) FL 2 (2011–2017) SC 2 (1961–2019) MO 2 (2010–2012) OR 2 (1981–2012) MS 2 (2008–2020) MD 2 (1988–2010) PA 2 (2001–2022) MI 2 (1986–1987) OK 2 (2014–2014)

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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