Legal Opinion
Villa Garcia v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Court of Appeals for the Fifth Circuit
Decided December 7, 1987No. 87-2063PublishedCited by 21 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
This appeal principally presents the question whether the Securities and Exchange Commission Rule in 17 C.F.R. § 240.15c2-2 pertaining to the arbitration of federal securities law claims was violated so as to justify the district court’s denial of a motion to compel arbitration and stay litigation pending arbitration. We conclude that the recent rescission of the Rule should be applied retroactively and remand the case.
I. Facts and Procedural History
Plaintiff Salvador Villa Garcia brought this action in federal district court against defendants Merrill Lynch, Pierce,…
2Cases cited34 opinions
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- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Gladstone, Realtors v. Village of BellwoodSupreme Court of the United States · 1979
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
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3Cited by21 opinions
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- Jeske v. BrooksCourt of Appeals for the Fourth Circuit · 1989
- Church v. Gruntal & Co., Inc.District Court, S.D. New York · 1988
- Johnnie's Homes, Inc. v. HoltSupreme Court of Alabama · 2001
- Anniston Lincoln Mercury Dodge v. ConnerSupreme Court of Alabama · 1998
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