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Howsam v. Dean Witter Reynolds, Inc.

Docket No.: 01-800
Certiorari Granted: Feb 25 2002
Argued: October 9, 2002
Decided: December 10, 2002

Topics:

Economic Activity, 28 U.S.C. 1367, Anti-Injunction Act, Arbitration

PartyNames: Karen Howsam, etc. v. Dean Witter Reynolds, Inc.
Petitioner: Karen Howsam, etc.
Respondent: Dean Witter Reynolds, Inc.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: CA 10, 261 F.3d 956. QUESTION PRESENTED The parties agreed to arbitrate " all controversies" between them arising out ofthe petitioner's securities accounts with respondent, including "the construction ...of this or any other agreement between" them. The question presented is whether a court or the arbitrators should decide if claims are eligible for arbitration under a self-regulatory organization's arbitration code provision that "[n]o dispute, claim, or controversy shall be eligible for submission to arbitration under this Code where six (6) years have elapsed fromthe occurrence or event giving rise to the act or dispute, claim or controversy."
Lower Court Decision
Supreme Court Docket

Karen Howsam, etc.
v.
Dean Witter Reynolds, Inc.
537 U.S. 79 (2002)
Question:

Should a federal district court decide whether to interpret and apply the National Association of Securities Dealers' time-limit rule regarding disputes where six years have elapsed since the event that gives rise to the dispute?

Howsam v. Dean Witter Reynolds, Inc.
ORAL ARGUMENT

October 9, 2002

Holding: reversed
Decision: Decision: 8 votes for Dean Witter Reynolds, Inc., 0 vote(s) against
Recused: JUSTICE O'CONNO
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