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WOOTTEN v. FISHER INVESTMENTS, INC.

No. 11-2476.

688 F.3d 487 (2012)

Thomas A. WOOTTEN, Appellant, v. FISHER INVESTMENTS, INC.; Fisher Asset Management, LLC, dba Fisher Investments, Inc.; Kenneth Fisher; Matthew Goldhaber; Michael Weston, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2012.

Attorney(s) appearing for the Case

David B. Cosgrove , argued, St. Louis, MO, for Appellant.

Scott L. Metzger , argued, San Diego, CA, Robert Martin Shaughnessy , San Diego, CA, Richard B. Walsh, Jr. , R. Brad Ziegler , St. Louis, MO, on the brief, for Appellees.

Before MELLOY, SMITH and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Thomas A. Wootten initiated an arbitration against his former investment advisor, Fisher Investments, Inc. ("Fisher Investments"). During the arbitration, Fisher Investments moved to dismiss Wootten's Missouri statutory claims based on the arbitration agreement's Delaware choice-of-law provision. Ruling on Fisher Investments' motion, the arbitrator dismissed Wootten's Missouri statutory claims and sua sponte prohibited Wootten from adding

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