Legal Opinion

Fed. Sec. L. Rep. P 94,560 Frieda Miller v. Prudential Bache Securities, Inc., and Samuel Kaplan

Court of Appeals for the Fourth Circuit

Decided October 10, 1989No. 88-2179PublishedCited by 18 opinions

1Opinion of the Court

ERVIN, Chief Judge:

Frieda Miller appeals from a grant of summary judgment in favor of Prudential Bache Securities, Inc. on her motion to vacate an arbitrator’s award. The district court found that the arbitrator’s decision regarding the applicable statute of limitations is not subject to review in the federal courts. The lower court also held that the arbitration clause itself does not constitute an invalid waiver of appellant’s rights, and that it was not fraudulently induced. We agree, and affirm.

In October, 1976, the plaintiff-appellant, Frieda Miller, entered into a written “customer…

2Cases cited8 opinions

  1. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  2. Wilko v. SwanSupreme Court of the United States · 1953
  3. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
  4. Textile Workers Union of America, Afl-Cio, Local Union No. 1386 v. American Thread Company, Clover, South CarolinaCourt of Appeals for the Fourth Circuit · 1961
  5. Office of Supply, Government of the Republic of Korea v. New York Navigation Company, Inc.Court of Appeals for the Second Circuit · 1972

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3Cited by18 opinions

  1. Painewebber Incorporated v. Mohamad S. Elahi, Kokab Moarefi Elahi and Maryam ElahiCourt of Appeals for the First Circuit · 1996
  2. Fed. Sec. L. Rep. P 96,619 Edward D. Jones & Company and Gary Aleff v. Duane Sorrells, Mildred Sorrells and Curt SorrellsCourt of Appeals for the Seventh Circuit · 1992
  3. Fsc Securities Corporation Marlis Gilbert Integrated Financial Services and Richard E. Connolly, Jr. v. Judy Freel Mirle Freel, Jr.Court of Appeals for the Eighth Circuit · 1994
  4. Interstate Securities Corp. v. Hayes Corp.Court of Appeals for the Eleventh Circuit · 1991
  5. Wylie v. INV. MANAGEMENT & RESEARCH INC.District Court of Appeal of Florida · 1993

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