FPE Foundation v. Cohen

HOWARD, Chief Judge.

Federal court involvement in this case turns on whether an arbitration clause in a trust agreement applies to the claims asserted here and whether the appellees have waived their right to arbitration. Concluding that there had been no waiver, and that all of the counts were arbitrable, the district court dismissed the action. Agreeing with both conclusions, we affirm.

I

The litigation resulting in these consolidated appeals stems from disputes within the Cohen family. At the top of that family tree were Maurice and Marilyn Cohen. They were married and had two children: Lewis…