Legal Opinion
Kenneth Osler v. Pamela Ware
Court of Appeals for the Sixth Circuit
Decided May 23, 1997No. 96-1184PublishedCited by 9 opinions
1Opinion of the Court
OPINION
MOORE, Circuit Judge.
Kenneth Osier appeals the district court’s order concluding that (1) a properly pleaded claim of fraudulent concealment can toll the running of the six-year eligibility provision in § 15 of the NASD Code of Arbitration Procedure and that (2) Pamela Ware’s claim that Osier engaged in fraudulent concealment was an issue for an arbitrator, not a court, to decide. We reverse.
I
Pamela Ware opened several accounts at Thomson McKinnon Securities, Inc. (“TMS”) in December 1984. At TMS, Kenneth Osier was her account representative. In conjunction with the opening of the…
2Cases cited5 opinions
- Painewebber Incorporated v. H. William HofmannCourt of Appeals for the Third Circuit · 1993
- Fed. Sec. L. Rep. P 97,631 Dean Witter Reynolds, Inc. v. M.C. McCoyCourt of Appeals for the Sixth Circuit · 1993
- Smith Barney, Incorporated v. Roger Sarver Concetta SarverCourt of Appeals for the Sixth Circuit · 1997
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CohenCourt of Appeals for the Eleventh Circuit · 1995
- The Ohio Company and Andrew J. Wilhelm v. Douglas D. And Isabelle J. NemecekCourt of Appeals for the Sixth Circuit · 1996
3Cited by9 opinions
- Kidder, Peabody & Co. v. BrandtCourt of Appeals for the Eleventh Circuit · 1997
- J.E. Liss & Company and Dennis Waisman v. Harold A. LevinCourt of Appeals for the Seventh Circuit · 2000
- Prudential Securities, Inc. Dean Witter Reynolds, Inc., Plaintiffs/counter v. Catherine M. Yingling, /Counter Claimant-AppellantCourt of Appeals for the Sixth Circuit · 2000
- Todorov v. AlexanderMichigan Court of Appeals · 1999
- First of Michigan Corp. v. TrudeauMichigan Court of Appeals · 1999
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