Legal Opinion
Thorup v. Dean Witter Reynolds, Inc.
California Court of Appeal
Decided April 24, 1986No. A026706PublishedCited by 16 opinions
1Opinion of the Court
Opinion
RACANELLI, P. J.
This is an appeal from the denial of a petition to compel arbitration filed within a wrongful termination action. The appeal raises the question of arbitrability of the employment dispute: specifically, whether the employer waived its right to arbitrate by firing the employee before seeking arbitration.
Facts
Plaintiif Robert Thorup had been an account executive with Dean Witter Reynolds, Inc. since 1967. In October 1982 Thorup made an error in a customer’s account which resulted in a loss of $10,975. (Thorup executed a sell order when the customer had requested a…
2Cases cited31 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Doers v. Golden Gate Bridge, Higway & Transportation DistrictCalifornia Supreme Court · 1979
- Gavlik Construction Co. v. H. F. Campbell Co.Court of Appeals for the Third Circuit · 1975
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3Cited by16 opinions
- Hoover v. American Income Life InsuranceCalifornia Court of Appeal · 2012
- Davis v. Continental Airlines, Inc.California Court of Appeal · 1997
- Martinez v. Scott Specialty Gases, Inc.California Court of Appeal · 2000
- Cione v. Foresters Equity Services, Inc.California Court of Appeal · 1997
- Jenks v. DLA Piper Rudnick Gray Cary US LLPCalifornia Court of Appeal · 2015
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