Archive
- November 2025
- December 2024
- November 2023
- July 2022
- October 2021
- August 2021
- March 2021
- December 2020
- November 2020
- August 2020
- June 2020
- November 2019
- August 2019
- June 2019
- May 2019
- December 2018
- September 2018
- August 2018
- December 2017
- September 2017
- June 2017
- March 2017
- February 2017
- January 2017
- November 2016
- August 2016
- June 2016
- May 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- May 2014
- March 2014
- December 2013
- October 2013
- August 2013
- May 2013
- April 2013
- March 2013
- January 2013
- December 2012
- November 2012
- October 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
A & G Attorneys Get Arbitration Award Vacated
In Carver Theater, LLC et al vs Kristen Melancon et al the Civil District Court for the Parish of Orleans was misled into referring the case for Arbitration before a panel of three Arbitrators. At the conclusion of the Arbitration which ended with an Award in favor of the Defendants, the Plaintiffs moved the Arbitrators to vacate their Award based on testimony given during the Arbitration by the defendant Kristen Melancon that she never intended to honor the contract at issue which contained an allegedly valid clause requiring arbitration of any disputes involving the contract. The Plaintiffs’ request to vacate the Arbitrators’ Award was denied by the Arbitrators and the Plaintiffs sought similar relief from the Civil District Court. After a contradictory hearing the Civil District Court granted the Plaintiffs’ Motion to Vacate the Arbitration Award finding that the matter would not have been referred for Arbitration absent the misrepresentations made to the Court by the Defendants and their counsel.
The Defendants timely appealed the ruling of the Civil District Court to the Louisiana Fourth Circuit Court of Appeal. After oral argument the Court of Appeal affirmed the Civil District Court’s vacating of the Arbitration Award by a vote of 2-1 aptly noting:
“The district court granted the Theater’s motion, brought under La. R. S. 9:4210(A), citing Appellants’ conduct. The district court explained in open court, that it “vacat[ed] the arbitration award based on the fact that there was a misrepresentation to this Court that the agreement underneath it had a valid arbitration clause as well as every other tenet.” As the district court pointed out, the case “would not have been in front of the (arbitration) panel but for the representation to this Court that there was an arbitration clause that was valid in a contract.” We agree with the district court’s reasoning, and we find that Appellants procured the arbitration award through undue means under La. R. S. 9:4210(A).”
In explaining its finding of “undue means” the Court of Appeals went on to note:
“We find that the Appellants engaged in undue means by undertaking inconsistent positions and unfair forum shopping to obtain a favorable arbitration award. In seeking an exception of prematurity and a stay pending arbitration, Appellants’ express position was that the MOU was valid and mandated arbitration. At no point in that proceeding did Appellants merely argue that the arbitration alone was severable and valid, even if the underlying MOU was invalid or ineffective. Nevertheless, at arbitration, Appellants argued for the first time that the MOU was ineffective and Melancon testified that she had no intention of abiding by its terms.”
In an effort to get a reversal of the Court of Appeal’s decision the Defendants sought review via a writ application to the Louisiana Supreme Court. After briefing by both sides the Louisiana Supreme Court on September 17, 2025 by a vote of 5-2 denied the Defendants’ writ application returning the case to the District Court for discovery and trial by jury.
A shout out to A&G shareholders, Dominic Gianna, Bill Aaron and DeWayne Williams for their creative and aggressive efforts in getting the Arbitration Award vacated and persuading the Fourth Circuit Court of Appeal and the Louisiana Supreme Court to allow that decision to stand.
