Strauss v. Gorman

Michael Strauss, an account executive for Merrill Lynch, Pierce, Fenner & Smith, Inc., appeals an order which denied his motion to compel arbitration and his motion to dismiss Gorman’s three-count complaint.

In the motion to compel arbitration, Strauss conceded that count I of the complaint which alleges violations of the Florida Securities Act, chapter 517, Florida Statutes (1983), was not arbitrable on authority of Oppenheimer & Co. v. Young, 456 So.2d 1175 (Fla.1984). Oppenheimer was subsequently vacated by the United States Supreme Court at — U.S. -, 105 S.Ct. 1830, 85 L.Ed.2d 131 (1985)…