(Download) "In Re Merrill Lynch" by In the Court of Appeals Fifth District of Texas at Dallas # Book PDF Kindle ePub Free
eBook details
- Title: In Re Merrill Lynch
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this employment case, Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) and Walter W. Brosey seek relief from the trial judges August 22, 2003 order denying their motion to compel arbitration and stay proceedings. Merrill Lynch employed Lisa Fox as a financial advisor. Fox sued Merrill Lynch and Brosey for breach of contract, promissory estoppel, negligent misrepresentation, and fraud, and Brosey for assault. Fox alleged Brosey had sexually harassed her and that when she reported his actions to Merrill Lynch, the company did nothing to stop his actions and effectively terminated her. Both defendants answered and filed a motion to compel arbitration and stay proceedings. After the trial judge denied the motion, Merrill Lynch and Brosey filed (i) an interlocutory appeal of the order denying the motion to compel arbitration as permitted by the Texas Arbitration Act and (ii) a motion for leave to file a petition for writ of mandamus under the Federal Arbitration Act. In both the interlocutory appeal and the petition for writ of mandamus, Merrill Lynch and Brosey contend the trial judge abused his discretion in denying the motion to compel arbitration. We conclude the Federal Arbitration Act governs this dispute and that the trial judge did not abuse his discretion in denying the motion to compel arbitration. We therefore dismiss the interlocutory appeal as moot and deny the petition for writ of mandamus.