Stern v. Prudential Financial, Inc.

OPINION BY

KLEIN, J.:

¶ 1 David E. Stern filed a complaint against his broker, Prudential Financial Inc., and its claimed agent, Kenneth Cohen, essentially alleging that they engaged in negligent and improper dealing in managing his account. Prudential filed preliminary objections, asserting that the complaint should be dismissed because of an arbitration provision in the parties’ “Command Client Agreement.” In response,. Stern claimed, among other things, that Prudential waived the arbitration clause.

¶ 2 The trial judge, Judge Albert W. Sheppard, Jr., based solely on affidavits, found that the…