Legal Opinion

Downes v. Morgan Stanley Dean Witter

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 23, 2002No. 0022985Published

1Opinion of the Court

HERRON, J.,

Presently before the court is the petition for a temporary restraining order and to compel arbitration and to stay all proceedings, filed by defendants Morgan Stanley Dean Witter and Scott Martin. The underlying proceeding at issue involves the complaint of plaintiff Marguerita Downes for violations of Pennsylvania’s UTPCPL, fraud and negligence.

The complaint alleges that plaintiff invested $200,000 with defendants and ended up after about two years with only $89.29 due to defendants’ unauthorized margin trading with her funds. Defendants seek, under Pa.R.C.P. 1531, the…

2Cases cited17 opinions

  1. Flightways Corp. v. Keystone Helicopter Corp.Supreme Court of Pennsylvania · 1975
  2. Smith v. Cumberland Group, Ltd.Superior Court of Pennsylvania · 1997
  3. Midomo Co. v. Presbyterian Housing Development Co.Superior Court of Pennsylvania · 1999
  4. Rohm & Haas Co. v. Continental Casualty Co.Supreme Court of Pennsylvania · 2001
  5. LeDonne v. KesslerSuperior Court of Pennsylvania · 1978

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