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AMERICAN EXP. FINANCIAL ADVISORS INC. v. THORLEY

Docket No. 98-7001.

147 F.3d 229 (1998)

AMERICAN EXPRESS FINANCIAL ADVISORS INC., Plaintiff-Appellant, v. Elizabeth THORLEY, John Adamczuk, Tom Minigiello, Wade Sarkis and Gerald Randisi, Defendants-Appellees, Susan Zimmerman-Priem, Consolidated Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

David E. Schoenfeld, Nash, Grippo & Elden, Chicago, IL (Patrick T. Nash, of counsel), for Plaintiff-Appellant.

Anthony Paduano, Smith Campbell & Paduano, New York City (Jordan D. Becker, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, WALKER and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Must a district court, faced with a request for a preliminary injunction in a case whose underlying merits will ultimately be settled in arbitration, consider the merits of the injunction, or may it leave the question of temporary relief, like the ultimate resolution of the case, to the arbitrator? Plaintiff American Express, having begun arbitration proceedings against five of the defendants before us, sought a preliminary injunction pending...

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