Brendan Gilmore v. Shearson/american Express Inc.

FEINBERG, Chief Judge:

Shearson/American Express Inc. appeals from an order of the United States District Court for the Southern District of New York, Peter K. Leisure, J., refusing to require plaintiff, Rev. Brendan Gilmore, to submit to arbitration his common law claims against Shearson for alleged “churning” of his margin account. Judge Leisure held that Shearson’s express withdrawal of an earlier motion to compel arbitration waived any contractual right it might have had to compel arbitration of those claims. In this appeal, Shearson argues that Gilmore’s submission of an amended complaint…