Reading Health System v. Bear Stearns Co Inc
Court of Appeals for the Third Circuit
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
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
- Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
- Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
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