Legal Opinion

Reading Health System v. Bear Stearns Co Inc

Court of Appeals for the Third Circuit

Decided August 7, 2018No. 16-4234PublishedCited by 69 opinions

1Opinion of the Court

ROTH, Circuit Judge.

*90 INTRODUCTION

In this case, we address an emerging trend in the brokerage industry. Ordinarily, broker-dealers, as members of the Financial Industry Regulatory Authority (FINRA), 1 are required by FINRA Rule 12200 to arbitrate all claims brought against them by a customer. Seeking to avoid this obligation to arbitrate, broker-dealers have begun inserting forum-selection clauses in their customer agreements, without mentioning the customer's right to arbitrate. This practice, which has been condoned by several of our sister circuits, deprives investors of the benefits…

2Cases cited39 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  3. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  4. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
  5. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987

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3Cited by69 opinions

  1. In Re McGraw-hill Global Educ. Holdings LLCCourt of Appeals for the Third Circuit · 2018
  2. Jaswinder Singh v. Uber Technologies IncCourt of Appeals for the Third Circuit · 2019
  3. Gemini Technologies, Inc. v. Smith & Wesson CorporationCourt of Appeals for the Ninth Circuit · 2019
  4. Nader Aldossari v. Joseph RippCourt of Appeals for the Third Circuit · 2022
  5. DO NOT FILE IN THIS CASE -TRANSFERRED TO CAMDEN - NEW CIVIL ACTION NO. 1:22-CV-2099District Court, D. New Jersey · 2023

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