Legal Opinion

In the Matter of the Arbitration Between Merrill Lynch, Pierce, Fenner & Smith, Incorporated v. Helen Echo Haydu

Court of Appeals for the Fifth Circuit

Decided February 19, 1981No. 79-2993PublishedCited by 110 opinions

1Opinion of the Court

FRANK M. JOHNSON, Jr., Circuit Judge:

On January 10, 1979, Helen Echo Haydu, appellant, filed a complaint in Florida state court alleging negligence, fraud, and breach of fiduciary duties in the handling of two of her stock option accounts by appellee Merrill Lynch, Pierce, Fenner & Smith, Incorporated [Merrill Lynch]. The stock option agreements contained an arbitration clause that provided that any disputes between the parties would be settled through arbitration. 1 Haydu admits that she signed both agreements but claims that she did so under duress. 2

On February 5, 1979, Merrill Lynch…

2Cases cited25 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  3. Wilko v. SwanSupreme Court of the United States · 1953
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959

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3Cited by110 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
  3. Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
  4. Northern Illinois Gas Company, an Illinois Corporation v. Airco Industrial Gases, a Division of Airco, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
  5. Fed. Sec. L. Rep. P 96,600 Brenda Susan Chastain v. The Robinson-Humphrey Company, Inc.Court of Appeals for the Eleventh Circuit · 1992

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