FPE FOUNDATION v. COHEN

Nos. 14-1376, 14-1377.

801 F.3d 25 (2015)

The FPE FOUNDATION, Plaintiff, Appellant/Cross-Appellee, v. Lewis COHEN, as co-trustee of the Qualified Terminable Interest Property Trust, Defendant, Appellant/Cross Appellant, Martin P. Solomon, as co-trustee of the Qualified Terminable Interest Property Trust; Betsy A. Solomon, as trustee of the LLLB Trust; J. Robert Casey; Betsy A. Solomon and Martin P. Solomon, as co-trustees of the Cohen-Solomon Family Foundation, Defendants, Appellees/Cross-Appellees.

United States Court of Appeals, First Circuit.

September 2, 2015.


Attorney(s) appearing for the Case

Joseph D. Whelan , with whom Matthew H. Parker and Whelan, Kinder & Siket LLP were on brief, for cross-appellee FPE Foundation.

Sean T. Carnathan , with whom O'Connor Carnathan and Mack, LLC was on brief, for cross-appellant Lewis C. Cohen.

Robert S. Frank, Jr. , with whom Anita M.C. Spieth and Choate, Hall & Stewart LLP were on brief for appellee Robert Casey.

Rosanna Sattler , with whom James E. Kruzer and Posternak Blankstein & Lund LLP were on brief, for appellees Martin P. Solomon, as co-trustee of the Qualified Terminable Interest Property Trust, and Betsy A. Solomon and Martin P. Solomon, as co-trustees of the Cohen-Solomon Family Foundation.

Before HOWARD, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.


Federal court involvement in this case turns on whether an arbitration clause in a trust agreement applies to the claims asserted here and whether the appellees have waived their right to arbitration. Concluding that there had been no waiver, and that all of the counts were arbitrable...

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