Legal Opinion
Belke v. Merrill Lynch, Pierce, Fenner & Smith
Court of Appeals for the Eleventh Circuit
Decided December 13, 1982No. 81-6055PublishedCited by 141 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
This case presents the question whether the district court correctly held that appellant waived its right to arbitrate by failing to move for arbitration at the outset of the litigation, despite the fact that at that time counsel for appellant considered such a motion futile. Finding that severance was impossible at the commencement of litigation because the claims were inextricably intertwined, that a motion for arbitration at the start of the litigation would have been futile, and that Merrill Lynch promptly filed for arbitration when the nonarbitra-ble claims were…
2Cases cited14 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Wilko v. SwanSupreme Court of the United States · 1953
- Fed. Sec. L. Rep. P 98,309 Clarance B. Dickinson, a v. Heinold Securities, Inc.Court of Appeals for the Seventh Circuit · 1981
- Harper Sibley, Jr., Cross v. Tandy Corporation, Tandy Corporation, CrossCourt of Appeals for the Fifth Circuit · 1976
- Fed. Sec. L. Rep. P 98,667 Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Helen Echo HayduCourt of Appeals for the Eleventh Circuit · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by141 opinions
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, AppellantsCourt of Appeals for the Third Circuit · 1990
- Fisher v. A.G. Becker Paribas Inc.Court of Appeals for the Ninth Circuit · 1986
- Leonard J. Klay v. AllCourt of Appeals for the Eleventh Circuit · 2004
- Paige Martin v. Gary YasudaCourt of Appeals for the Ninth Circuit · 2016
136 more not listed; retrieve them via the Exa API.