JAVITCH v. FIRST UNION SECURITIES, INC.

Nos. 02-3352, 02-3353, 02-3354, 02-3355.

315 F.3d 619 (2003)

Victor M. JAVITCH, Receiver, Plaintiff-Appellee, v. FIRST UNION SECURITIES, INC.; Michael D'Angelo; Charles Schwab & Company, Inc.; Charles Harris; Morgan Stanley Dean Witter & Company; Marcel Pope; Fifth Third/Maxus Securities, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2003.


Attorney(s) appearing for the Case

Matthew P. Moriarty (argued and briefed), Arter & Hadden, LLP, Robert E. Cahill (briefed), Roger A. Hipp (briefed), Brzytwa, Quick & McCrystal, Cleveland, OH, for Plaintiff-Appellee.

Michael N. Ungar (argued and briefed), Joseph S. Simms, Suzanne E. Duddy (briefed), Timothy J. Downing (briefed), Ulmer & Berne, Cleveland, OH, for Defendants-Appellants.

Ida W. Draim (argued and briefed), Frank C. Razzano (briefed), Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, for Amicus Curiae.

Before GUY and BOGGS, Circuit Judges; EDMUNDS, District Judge.


OPINION

RALPH B. GUY, JR., Circuit Judge.

The brokerage firms and individual brokers named as defendants in four related actions have brought interlocutory appeals from the district court's denial of their motions to compel arbitration of claims asserted by plaintiff, Victor M. Javitch, as the receiver for Viatical Escrow Services, LLC (VES), and Capital Fund Leasing, LLC (CFL).1 The district court found that Javitch, the receiver...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases