Legal Opinion
Smith Barney, Inc. v. Critical Health Systems of North Carolina, Inc.
Court of Appeals for the Fourth Circuit
Decided May 15, 2000No. 99-1220PublishedCited by 4 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge SPENCER joined.
OPINION
WILKINSON, Chief Judge:
Critical Health initiated arbitration proceedings against Smith Barney before the American Arbitration Association (AAA). Smith Barney seeks to enjoin the AAA proceedings because a customer agreement between the parties provides that controversies shall be “settled by arbitration, in accordance with the rules then in effect of the [NASD, NYSE, or AMEX].” Because the parties have nowhere mentioned the AAA in their agreement, we hold…
2Cases cited13 opinions
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
- In Re Salomon Inc. Shareholders' Derivative LitigationCourt of Appeals for the Second Circuit · 1995
- American Recovery Corp. v. Computerized Thermal Imaging, Inc.Court of Appeals for the Fourth Circuit · 1996
- Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Argyris G. Georgiadis and American Arbitration Association, Appeal of Argyris G. GeorgiadisCourt of Appeals for the Second Circuit · 1990
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3Cited by4 opinions
- Dean v. Heritage Healthcare of Ridgeway, LLCSupreme Court of South Carolina · 2014
- Grant v. Magnolia Manor-Greenwood, Inc.Supreme Court of South Carolina · 2009
- Smith Barney, Incorporated, Formerly Known as E. F. Hutton & Company, Inc., a Securities Broker Dealer Incorporated in De Lehman Brothers, Incorporated, a Securities Broker Dealer Incorporated in De v. Critical Health Systems of North Carolina, Incorporated of Raleigh, North Carolina, Formerly Known as Wake Anesthesiology Associates, Incorporated Wake Anesthesiology, Incorporated Money Purchase Pension Plan, of Raleigh, North Carolina Wake Anesthesiology Profit Sharing Plan, of Raleigh, North Carolina Peter Modrow, of Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2000
- Trimless-Flashless v. Thomas & Betts CorpCourt of Appeals for the Fourth Circuit · 2000