Legal Opinion

Viator v. DAUTERIVE CONTRACTORS, INC.

District Court, E.D. Louisiana

Decided June 26, 2009No. Civil Action 09-3322PublishedCited by 9 opinions

1Opinion of the Court

ORDER AND REASONS

MARTIN L.C. FELDMAN, District Judge.

Before the Court are two motions: (1) Magnolia’s motion to remand; and (2) Steamship Mutual’s motion to dismiss pending arbitration. For the reasons that follow, the motion to remand is DENIED, and the motion to compel arbitration is GRANTED subject to the reasons below.

Background

This removed lawsuit has a tortured state court history. In the underlying personal injury action, Larry S. Viator, an employee of Dauterive Contractors, was injured while aboard the MAG II (a barge owned by Magnolia Quarterboats and chartered by Western…

2Cases cited19 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
  5. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mosaic Underwriting Service, Inc. v. Moncla Marine Operations, L.L.C.District Court, E.D. Louisiana · 2013
  2. Kinder Morgan Louisiana Pipeline LLC v. Welspun Gujarat Stahl Rohren Ltd.District Court, S.D. Texas · 2010
  3. AJs Shoes Outlet, LLC v. Independent Specialty Insurance CompanyDistrict Court, E.D. Louisiana · 2023
  4. Arrive Nola Hotel, LLC v. Certain Underwriters at Lloyds, LondonDistrict Court, E.D. Louisiana · 2025
  5. CSRS, LLC v. Element 25 LimitedDistrict Court, M.D. Louisiana · 2025

4 more not listed; retrieve them via the Exa API.

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