Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Schwarzwaelder

Court of Appeals for the Third Circuit

Decided December 26, 2012No. 11-2605UnpublishedCited by 2 opinions

1Opinion of the Court

OPINION

VANASKIE, Circuit Judge.

The question presented in this appeal is whether an arbitration award is so untethered from the facts and underlying agreements as to be “irrational.” The arbitration award requires Cheryl Schwarz-waelder to repay a loan given to her by her former employer, Merrill Lynch, Pierce, Fenner & Smith Inc., when she first joined the company. Schwarzwaelder argues that she is entitled to other compensation from Merrill Lynch in an amount that would offset her loan repayment obligation. The arbitrators decided that Schwarzwaelder had released her claim to this other…

2Cases cited13 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. Bull HN Information Systems, Inc. v. HutsonCourt of Appeals for the First Circuit · 2000
  4. Brentwood Medical Associates v. United Mine Workers of AmericaCourt of Appeals for the Third Circuit · 2005
  5. Ralph F. Patten, Jr. v. Signator Insurance Agency, Incorporated Signator Investors, Incorporated John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2006

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. CAPUTO v. WELLS FARGO ADVISORSDistrict Court, D. New Jersey · 2020
  2. CAPUTO v. WELLS FARGO ADVISORSDistrict Court, D. New Jersey · 2020

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