Legal Opinion

Fed. Sec. L. Rep. P 96,126 Henry and Elaine Weissbuch v. Merrill Lynch, Pierce, Fenner & Smith Incorporated

Court of Appeals for the Seventh Circuit

Decided July 26, 1977No. 76-2274PublishedCited by 64 opinions

1Opinion of the Court

GRANT, Senior District Judge.

We are faced in this case with the matter of deciding what affect an arbitration clause in an agreement has upon a claim for relief under S.E.C. Rule 10b-5. The litigation arises from the decision of Plaintiff Henry Weissbuch to open a trading account and participate in Merrill Lynch’s Money Management Option Program. Paragraph 5 of the Standard Option Agreement signed by plaintiff specifically provides that:

Any controversy between us arising out of such option transactions or this agreement shall be settled by arbitration before the National Association of…

2Cases cited8 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Wilko v. SwanSupreme Court of the United States · 1953
  5. Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955

3 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  2. Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & TurbenCourt of Appeals for the Sixth Circuit · 1979
  3. Fed. Sec. L. Rep. P 98,309 Clarance B. Dickinson, a v. Heinold Securities, Inc.Court of Appeals for the Seventh Circuit · 1981
  4. Keating v. Superior CourtCalifornia Supreme Court · 1982
  5. Fed. Sec. L. Rep. P 91,615 Wayne E. Pierson and Ruth E. Pierson v. Dean, Witter, Reynolds, Inc.Court of Appeals for the Seventh Circuit · 1984

59 more not listed; retrieve them via the Exa API.

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