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MALLOY v. THOMPSON

No. 27438.

409 S.C. 557 (2014)

762 S.E.2d 690

James Robert MALLOY, Plaintiff, v. Swain N. THOMPSON, Jr., Defendant. In the Matter of Estate of Robert L. Chamblee. James Robert Malloy, Respondent, v. Swain N. Thompson, Jr., Merrill Lynch, Pierce, Fenner & Smith, Inc., Joseph T. Argo, and Greene and Company, L.L.P., Defendants, Of whom Merrill Lynch, Pierce, Fenner & Smith, Inc. is the Appellant, In the Matter of Estate of Robert L. Chamblee.

Supreme Court of South Carolina.

Decided August 20, 2014.

Attorney(s) appearing for the Case

Christopher A. Ogiba and E. Brandon Gaskins , both of Moore & Van Allen, PLLC, of Charleston; Tara A. LaClair , Rodney J. Heggy , and Mary H. Tolbert , all of Crow & Dunleavy, PC, of Oklahoma City, OK, for Appellants.

James R. Gilreath and William Mitchell Hogan , both of Gilreath Law Firm, PA, of Greenville, and S. Alan Medlin , of Columbia, for Respondents.

Justice PLEICONES.

We affirm the circuit court's denial of Appellant Merrill Lynch's motion to dismiss and compel arbitration. Because we find Respondent Robert Malloy's claim is not based on a duty derived from the agreements containing arbitration clauses as asserted by Merrill Lynch, we agree with the circuit court that as a non-signatory Malloy cannot be compelled to arbitrate under these agreements.

FACTS

This action arises out of a dispute...

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