The Court of Appeal, Fifth Circuit, State of Louisiana affirmed the decision of the trial court and the Louisiana Supreme Court denied writ.
In 2002, Ke圜lick invoked a clause in the contract between the parties (hereinafter “the agreement”) that required arbitration, and OHP challenged the arbitration by filing a petition for declaratory and injunctive relief to stop the arbitration, wherein OHP asserted that Ke圜lick was not a party to the contract because the original party, AMS, changed its name to Ke圜lick during the pendency of the contract.2 The 24th Judicial District Court, Parish of Jefferson denied the petition and OHP appealed. (“Ke圜lick”) and Oschner Health Plan1 (hereinafter “OHP”). 1 PROCEDURAL BACKGROUND This arbitration proceeding resulted from a breach of contract action regarding pricing between Ke圜lick Outsourcing, Inc. Further, we find no abuse of discretion in the trial court’s confirmation of the assessment of attorneys’ fees made by the arbitrator and affirm. We also find that the law of the case doctrine is inapplicable in that it would be contrary to intervening caselaw. Further, Ke圜lick’s request to reinstate the 2003 arbitration award is not properly before this Court. We find that the decision to vacate the 2003 arbitration award was not based on an expanded scope of judicial review. Ke圜lick filed a motion for new trial, which the trial court denied, and this appeal followed. Ke圜lick moved to vacate the award, and the trial court judge found that the parties had no authority to contractually expand the scope of judicial review.
The arbitrator granted awards to both parties with a net amount being awarded to Ke圜lick and concluded that neither party was entitled to attorney’s fees or costs. 1100 Poydras Street 2100 Energy Centre New Orleans, LA 70163-2100 COUNSEL FOR DEFENDANT/APPELLEE AFFIRMED MAThis matter arises following an arbitration proceeding. Carey Wicker III CAPITELLI & WICKER 1100 Poydras Street 2950 Energy Centre New Orleans, LA 70163-2950 COUNSEL FOR PLAINTIFF/APPELLANT Donald J. Love ****** (Court composed of Judge James F. 2010-4289, DIVISION “M” Honorable Paulette R. FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2011-CA-0598 * VERSUS COURT OF APPEAL * OCHSNER HEALTH PLAN, INC.
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