Hill v. Bechtel Og & C Constr. Servs., Inc., 263 So. 3d 1148 (2019)

Feb. 18, 2019 · Louisiana Supreme Court · NO. 2018-CC-1974
263 So. 3d 1148

Richard Lee HILL, Jr. and Glenn Elvin Smith
v.
BECHTEL OG & C CONSTRUCTION SERVICES, INC.

NO. 2018-CC-1974

Supreme Court of Louisiana.

February 18, 2019

ON SUPERVISORY WRITS TO THE THIRTY-EIGHTH JUDICIAL DISTRICT COURT FOR THE PARISH OF CAMERON

PER CURIAM

Granted. Plaintiffs' allegations regarding the validity of the arbitration agreement are intertwined with its arguments relating to the nullity of the underlying agreement. Therefore, the issue is properly presented to the arbitrator, not the court. See Buckeye Check Cashing, Inc. v. Cardegna , 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006) ; Cambas Electric, Inc. v. McDonnel Group, LLC , 16-1774 (La. 10/28/16), 208 So.3d 377. Accordingly, the judgment of the court of appeal is reversed and relators' exception of prematurity is granted.

Hughes, J., would deny.