Subscribe in a reader

ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: Court May Vacate Facially Valid Arbitration Award

Broom v. Morgan Stanley DW Inc.

Broom's broker made some bad decisions. He took a retirement account, liquidating blue-chip stocks and going high-tech. Not a smart move for an old man. The broker move to Morgan Stanley in 2000, taking the account with. The value continued to decrease, and Broom passed away in 2002.

The children brought suit, alleging negligence and a slew of other claims. The arbitration agreement came into effect and Morgan Stanley asserted statute of limitations. The arbitration panel held that the claims were barred by the statute limitations (except for the CPA claim. The panel then dismissed the CPA claim.

The problem here is the statute of limitations applied to arbitrations is that of the arbitration agreement, not the state.  The parties, may of course contract specifically for a state statute limitations, but this does not mean that they apply automatically. Thus, the six-year limitation within the arbitration agreement governed.

The next question then becomes whether the court can trump an arbitration award where there is a clear error of law: "We hold that facial legal error falls within former RCW 7.04.160(4) as one instance in which arbitrators exceed their powers and that it is a valid ground to vacate an arbitration award."

Yes, I have had my Xanax and can now again blog securities opinions. Or maybe it's the fact that this is an opinion about arbitration awards that only tangentially touches on securities. Either way, you have your opinion, and a bit of analysis to boot.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.