Legal Opinion

Fed. Sec. L. Rep. P 99,507 John R. Liskey, Cross-Appellant v. Oppenheimer & Co., Inc., and Warren K. Hayes, Cross-Appellees

Court of Appeals for the Sixth Circuit

Decided September 21, 1983No. 82-1118, 82-1159PublishedCited by 30 opinions

1Opinion of the Court

DAVID S. PORTER, Senior District Judge.

This “churning” case presents the problem of what a court should do where arbi- trable claims are joined with non-arbitrable claims. The district court denied defendants’ motion to sever Counts III through VIII of plaintiffs complaint, which allege violations of stock exchange and association rules as well as state and common law, and compel arbitration of those claims following judicial resolution of Counts I and II of plaintiffs complaint, which allege violations of the federal securities laws. Defendants now appeal that portion of the district court’s…

2Cases cited10 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Wilko v. SwanSupreme Court of the United States · 1953
  4. Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & TurbenCourt of Appeals for the Sixth Circuit · 1979
  5. Fed. Sec. L. Rep. P 97,872 Lila A. Miley v. Oppenheimer & Company, Inc., Anthony L. Geller and John W. HamiltonCourt of Appeals for the Fifth Circuit · 1981

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3Cited by30 opinions

  1. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  2. Fisher v. A.G. Becker Paribas Inc.Court of Appeals for the Ninth Circuit · 1986
  3. Miller v. RunyonCourt of Appeals for the Seventh Circuit · 1996
  4. Robert J. Denley v. Shearson/american Express, Inc., and Malcom BaileyCourt of Appeals for the Sixth Circuit · 1984
  5. Fed. Sec. L. Rep. P 93,231 William C. Fraser v. Merrill Lynch Pierce, Fenner & Smith, Inc. Franklyn C. Shulman Allan G. KenzieCourt of Appeals for the Fourth Circuit · 1987

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