Legal Opinion

Matter of Noel R. Shahan Trust

Court of Appeals of Arizona

Decided February 5, 1997No. 2 CA-CV 96-0245PublishedCited by 7 opinions

1Opinion of the Court

OPINION

DRUKE, Chief Judge.

Noel Shahan, a trust beneficiary, appeals from the trial court’s order denying his motion to compel arbitration with Larry Staley, a securities, broker registered with the National Association of Securities Dealers (“NASD”). Shahan argues that the broker is subject to arbitration under the NASD Code of Arbitration Procedure (“the Code”). Staley counters that he has no obligation to arbitrate with Shahan, chiefly because Shahan has waived his right to arbitration. Staley also argues that Shahan is not his customer and, therefore, cannot avail himself of § 12(a) of the…

2Cases cited12 opinions

  1. Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
  2. Rancho Pescado, Inc. v. Northwestern Mutual Life InsuranceCourt of Appeals of Arizona · 1984
  3. Fsc Securities Corporation Marlis Gilbert Integrated Financial Services and Richard E. Connolly, Jr. v. Judy Freel Mirle Freel, Jr.Court of Appeals for the Eighth Circuit · 1994
  4. Kidder, Peabody & Co. v. Zinsmeyer Trusts PartnershipCourt of Appeals for the Second Circuit · 1994
  5. City of Cottonwood v. James L. Fann Contracting, Inc.Court of Appeals of Arizona · 1994

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3Cited by7 opinions

  1. Cortez v. Avalon Care Center Tucson, L.L.C.Court of Appeals of Arizona · 2010
  2. Smith Barney, Inc. v. Painters Local Union No. 109 Pension FundNebraska Supreme Court · 1998
  3. Baker v. Conoco Pipeline Co.District Court, N.D. Oklahoma · 2003
  4. Cason v. Conoco Pipeline Co.District Court, N.D. Oklahoma · 2003
  5. CORTEZ THE ESTATE OF FRANCES CORTEZ v. AVALON CARE CENTERCourt of Appeals of Arizona · 2010

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

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