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WINKLER v. McCLOSKEY

No. 22-55856.

83 F.4th 720 (2023)

Geoff WINKLER, Receiver, Plaintiff-Appellee, v. Thomas D. McCLOSKEY, Jr.; Bonnie McCloskey; Cornerstone Holdings, LLC, a Colorado limited liability company; McCloskey Trust, Defendants-Appellants, and Does, 1-10, inclusive, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2023.

Attorney(s) appearing for the Case

Joel D. Bertocchi (argued), Akerman LLP, Chicago, Illinois; Michael D. Napoli , Akerman LLP, Dallas, Texas; Ellen S. Robbins , Akerman LLP, Los Angeles, California; for Defendants-Appellants.

Matthew D. Pham (argued), David R. Zaro , Joshua A. del Castillo , and Michael R. Farrell , Allen Matkins , Los Angeles, California, for Plaintiff-Appellee.

Before: A. Wallace Tashima and Danielle J. Forrest, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

We must decide whether a receiver who is appointed to claw back profits received in a Ponzi scheme is bound by arbitration agreements signed by the receivership company that was the instrument of the Ponzi scheme.1 The district court...

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