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WEISS v. WATERHOUSE SECURITIES, INC.

No. 95458.

804 N.E.2d 536 (2004)

208 Ill.2d 439

281 Ill.Dec. 571

Mark WEISS, Indiv. and on Behalf of All Others Similarly Situated, Appellee, v. WATERHOUSE SECURITIES, INC., Appellant.

Supreme Court of Illinois.

January 23, 2004.

Attorney(s) appearing for the Case

Phil C. Neal, H. Nicholas Berberian, Terry D. Weissman and Hari Sevugan, of Neal, Gerber & Eisenberg, Chicago, for appellant.

Richard S. Reizen, Scott A. Browdy and John C. Anderson, of Kubasiak, Fylstra, Reizen & Rotunno, P.C., Chicago, for appellee.

Howard J. Roin, Chicago, and Miriam R. Nemetz and Craig W. Canetti, Washington, D.C., all of Mayer, Brown, Rowe & Maw, and Robin S. Conrad, Washington, D.C., for amicus curiae Chamber of Commerce of the United States of America.

Justice FITZGERALD delivered the opinion of the court:

The defendant, Waterhouse Securities, Inc., appeals the judgment of the appellate court affirming in part and reversing in part the trial court's order on Waterhouse Securities' motion to strike plaintiff Mark Weiss' class action allegations and compel arbitration. Weiss has filed a motion to dismiss this appeal for lack of appellate jurisdiction.

Accordingly, there are two central issues in this case...

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