Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hovey
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Chief Judge.
Merrill Lynch, Pierce, Fenner & Smith, Inc. sought injunctive relief against five former employees to prevent their use of Merrill Lynch’s records and their solicitation of Merrill Lynch clients. The employees counterclaimed seeking to compel arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-4 (1982). The district court granted injunctive relief1 and refused to submit the dispute to arbitration. The employees have appealed.
As former account executives with Merrill Lynch, Ivan Hovey, Mary Wichmann, Bruce Markey, and Richard Kadry each signed employment agreements.2…
2Cases cited20 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
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3Cited by46 opinions
- Janvey v. AlguireCourt of Appeals for the Fifth Circuit · 2011
- Performance Unlimited, Inc. v. Questar Publishers, Inc.Court of Appeals for the Sixth Circuit · 1995
- Teradyne, Inc. v. Mostek Corp.Court of Appeals for the First Circuit · 1986
- Barrowclough v. Kidder, Peabody & Co.Court of Appeals for the Third Circuit · 1985
- Janvey v. AlguireCourt of Appeals for the Fifth Circuit · 2010
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