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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Dean Witter Reynolds, Inc. v. Byrd
Citation:
470 U.S. 213, 105 S. Ct. 1238, 84 L. Ed. 2d 158 (1985)Facts
In 1981, A. Lamar Byrd sold his dental practice and invested $160,000 in securities through Dean Witter Reynolds Inc. Between September 1981 and March 1982, the value of Byrd’s account declined by more than $100,000. When Byrd opened his account, he signed a Customer’s Agreement containing an arbitration clause covering any controversies arising out of or relating to the contract. Byrd filed a complaint in federal district court alleging violations of federal securities laws and various state law provisions. He claimed that Dean Witter’s agent traded in his account without prior consent, executed excessive transactions, made misrepresentations about the account status, and that Dean Witter knew of and ratified these actions. Dean Witter moved to sever the state claims, compel their arbitration, and stay arbitration pending resolution of the federal court action, but did not seek to compel arbitration of the federal securities claim, assuming it was non-arbitrable.
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