Legal Opinion

Magnolia Capital Advisors Inc. v. Bear Stearns & Co.

Court of Appeals for the Eleventh Circuit

Decided April 3, 2008No. 07-10320, 07-11222UnpublishedCited by 39 opinions

1Per curiam

Plaintiff-appellant Magnolia Capital Ad-visors, Inc. (“Magnolia”) appeals the order of the district court compelling arbitration as to its claims against defendants-appel-lees Bear Stearns & Co. and Bear Stearns Securities Corp. (collectively “Bear Stearns”). 1 Magnolia argues that the court ordered arbitration and dismissed its claims without affording it the trial required by 9 U.S.C. § 4, even though Magnolia had unequivocally denied having agreed to arbitrate and produced evidence to substantiate that denial. We REVERSE and REMAND.

I. BACKGROUND

Magnolia was a registered investment advisory…

2Cases cited4 opinions

  1. Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.Court of Appeals for the Third Circuit · 1980
  2. Fed. Sec. L. Rep. P 96,600 Brenda Susan Chastain v. The Robinson-Humphrey Company, Inc.Court of Appeals for the Eleventh Circuit · 1992
  3. Orient Mid-East Lines v. Albert E. Bowen, Inc.Court of Appeals for the Second Circuit · 1972
  4. Nomura Securities International, Inc. v. ETrade Securities, Inc.District Court, S.D. New York · 2003

3Cited by39 opinions

  1. Christina Bazemore v. Jefferson Capital Systems, LLCCourt of Appeals for the Eleventh Circuit · 2016
  2. David Johnson v. Keybank National AssociationCourt of Appeals for the Eleventh Circuit · 2014
  3. Jackson v. Royal Caribbean Cruises, Ltd.District Court, N.D. Texas · 2019
  4. Chambers v. Groome TransportationDistrict Court, M.D. Alabama · 2014
  5. Hilton v. Fluent, LLCDistrict Court, S.D. Florida · 2018

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