Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Doe

District Court, S.D. New York

Decided November 3, 1994No. 94 Civ. 7826 (JGK)PublishedCited by 3 opinions

1Opinion of the Court

OPINION

KOELTL, District Judge.

On the present application, plaintiff Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”) seeks temporary declaratory relief declaring that it has the right, which cannot be enjoined by a state court, to proceed in federal court to seek injunctive relief in aid of an arbitration with a former Merrill Lynch financial consultant, defendant John Banks. For the reasons stated below, the Court, having heard oral argument from both sides and having received extensive evidentiary submissions, will grant the temporary declaratory relief sought. In the…

2Cases cited18 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  3. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979

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3Cited by3 opinions

  1. Doctor's Associates, Inc. v. Emily DistajoCourt of Appeals for the Second Circuit · 1997
  2. Murray v. New YorkDistrict Court, W.D. New York · 2009
  3. Vazquez Perez v. DeckerDistrict Court, S.D. New York · 2019

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