Malloy v. Thompson

We affirm the circuit court’s denial of Appellant Merrill Lynch’s motion to dismiss and compel arbitration. Because we find Respondent Robert Malloy’s claim is not based on a duty derived from the agreements containing arbitration clauses as asserted by Merrill Lynch, we agree with the circuit court that as a non-signatory Malloy cannot be compelled to arbitrate under these agreements.

FACTS

This action arises out of a dispute between Malloy and Swain R. Thompson, regarding assets of Robert L. Chamblee (Decedent). The complaint alleges that Thompson, with the assistance of Merrill Lynch, 1…