THOMSON McKINNON SECURITIES v. CUCCHIELLA

No. 91-P-170.

32 Mass. App. Ct. 698 (1992)

594 N.E.2d 870

THOMSON McKINNON SECURITIES, INC. vs. ROBERT CUCCHIELLA & another.

Appeals Court of Massachusetts, Suffolk.

June 22, 1992.


Attorney(s) appearing for the Case

Neal M. Brown for the defendants.

David Hirschberg, for the plaintiff, submitted a brief.

Present: WARNER, C.J., DREBEN, & GREENBERG, JJ.


DREBEN, J.

The primary question to be decided is whether the Federal Arbitration Act (FAA) preempts State law so as to permit an arbitral award of punitive damages under an agreement purporting to be governed by New York law and providing that disputes are to be resolved by arbitration under the rules of the New York Stock Exchange (NYSE). New York law precludes arbitration awards of punitive damages. Garrity...

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