Legal Opinion

United States Trust Co. v. Rich

Court of Appeals of North Carolina

Decided April 19, 2011No. COA10-253PublishedCited by 2 opinions

1Opinion of the Court

STEELMAN, Judge.

The trial court did not abuse its discretion in denying defendants’ motion for re-hearing upon remand from the Court of Appeals. Where plaintiff does not qualify as an “associated person” under FINRA code of Arbitration Procedure for Industry Disputes or FINRA By-Laws and plaintiff was not a third-party beneficiary of defendants’ Form U-4s, the trial court did not err in denying defendants’ motion to stay litigation and compel arbitration.

I. Factual and Procedural History

United States Trust Company, N.A. (“plaintiff’) is a wealth management services company. Plaintiff’s…

2Cases cited7 opinions

  1. Slaughter v. SwicegoodCourt of Appeals of North Carolina · 2004
  2. Mark Group International, Inc. v. StillCourt of Appeals of North Carolina · 2002
  3. LSB Financial Services, Inc. v. HarrisonCourt of Appeals of North Carolina · 2001
  4. Revels v. Miss America OrganizationCourt of Appeals of North Carolina · 2007
  5. Pineville Forest Homeowners Ass'n v. Portrait Homes Construction Co.Court of Appeals of North Carolina · 2006

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3Cited by2 opinions

  1. The Central Trust Bank v. William GravesMissouri Court of Appeals · 2016
  2. Silverwood Partners, LLC v. Wellness Partners, LLCMassachusetts Appeals Court · 2017

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