PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, Appellants

921 F.2d 507, 1990 U.S. App. LEXIS 22427, 1990 WL 214958
CourtCourt of Appeals for the Third Circuit
DecidedDecember 31, 1990
Docket89-3663
StatusPublished
Cited by245 cases

This text of 921 F.2d 507 (PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, Appellants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, Appellants, 921 F.2d 507, 1990 U.S. App. LEXIS 22427, 1990 WL 214958 (3d Cir. 1990).

Opinions

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by Willard and Leona Hartmann from an order of the district court for the Western District of Pennsylvania granting the motion of plaintiff Pai-neWebber Inc., a brokerage house, for a preliminary injunction to prevent the scheduled arbitration of a securities dispute between Paine Webber and the Hartmanns. The Hartmanns contend that the district court erred in making, rather than referring to an arbitrator, the determination whether a clause in an agreement between [509]*509the parties, which stated that claims filed more than six years after the events in dispute were not “eligible for submission” to arbitration, barred their arbitration demand. The district court’s jurisdiction was predicated on diversity of citizenship, 28 U.S.C. § 1331. Our jurisdiction is based on 9 U.S.C. § 15(a)(2), which allows an appeal from an interlocutory order granting an injunction against arbitration. We will affirm the district court’s order.

I. FACTUAL AND PROCEDURAL HISTORY

The relevant facts are essentially undisputed. From January through December of 1979, the Hartmanns maintained one or more brokerage accounts with Blyth, Eastman, Dillon & Company (Blyth), a predecessor of PaineWebber. Account executive Dennis Cowden managed these accounts. From January of 1980, through early April of 1982, the Hartmanns maintained one or more accounts with PaineWebber, also managed by Cowden. The last transaction involving any of the Hartmanns’ accounts at PaineWebber occurred on March 22, 1982. Cowden then went to work for Shearson Lehman Brothers (Shearson), taking the Hartmanns’ accounts with him. From April of 1982, through August of 1985, the Hartmanns maintained one or more accounts with Cowden at Shearson.

In opening their accounts at PaineWeb-ber, the Hartmanns entered into a client agreement in which both parties agreed to submit certain disputes to arbitration. The agreement reads, in relevant part:

Any controversy between us arising out of or pertaining to this contract or the breach thereof, shall be [submitted] ... for arbitration, in accordance with the [rules] ... of either the ... Committee of the New York Stock Exchange, American Stock Exchange, National Association of Securities Dealers, or where appropriate, Chicago ... Exchange or Commodities Futures Trading Commission.

At some point, the Hartmanns came to believe that Cowden had fraudulently mishandled their accounts, causing them considerable loss. On April 18, 1988, the Hart-manns filed a demand for arbitration with the New York Stock Exchange (NYSE) Department of Arbitration against Blyth, Pai-neWebber, Shearson, and Cowden.

At all relevant times, Rule 603 of the NYSE Department of Arbitration Rules provided:

Time Limitation Upon Submission
No dispute, claim or controversy shall be eligible for submission to arbitration under this Code where six (6) years shall have elapsed from the occurrence or event giving rise to the act or dispute, claim or controversy. This section shall not extend applicable statutes of limitations, nor shall it apply to any case which is directed to arbitration by a court of competent jurisdiction.

The parties agree that Rule 603 is incorporated by reference into their agreement. They also agree that the last account transaction involving PaineWebber, which could give rise to arbitration, occurred on March 22, 1982, and that the demand for arbitration was filed more than six years later. However, the parties dispute the legal effect of this provision.

Arguing that Rule 603 bars submission of the Hartmanns’ claim to an arbitrator, PaineWebber filed suit on August 25, 1989, seeking a permanent injunction against the arbitration, then scheduled for September 7, 1989. Pending resolution of the suit, PaineWebber moved for a temporary restraining order (TRO) against the arbitration. The district court denied the TRO application but, after a hearing, granted PaineWebber’s motion for a preliminary injunction to stay the arbitration. In so doing, the district court specifically found that, under its interpretation of Rule 603, “[t]he clear intention of [Rule 603] is that a dispute which is more than six years old is not eligible for arbitration.” Because the Hartmanns’ demand for arbitration undis-putedly was filed more than six years after the last event involving PaineWebber, the district court determined that the Hart-[510]*510manns' claim was not arbitrable. This appeal followed.1

The Hartmanns make only one argument of substance on appeal — that the district court erred in interpreting Rule 603 as a substantive bar to arbitration instead of as a procedural limitation subject to the arbitrator’s jurisdiction.2 As a consequence of this misinterpretation, they submit, the district court erroneously granted PaineWeb-ber a preliminary injunction staying the scheduled arbitration.

Because the interpretation of contractual language to discern contractual intent is a question of fact, our review is limited to a determination whether the district court’s findings are clearly erroneous. See Harkins Co. v. Waldinger Corp., 796 F.2d 657, 660 (3d Cir 1986), cert. denied, 479 U.S. 1059, 107 S.Ct. 939, 93 L.Ed.2d 989 (1987). Moreover, because this action involves an arbitration agreement connected to a transaction involving interstate commerce, we must look to the federal Arbitration Act, 9 U.S.C. § 1, et seq., and the case law that has evolved thereunder, in reviewing the propriety of the district court’s order. 9 U.S.C. § 2; see also Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 941, 74 L.Ed.2d 765 (1983) (“The effect of [9 U.S.C. § 2] is to create a body of federal substantive law of arbitrability, applicable to any arbitration agreement within the coverage of the Act.”); 13B C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3569 (2d ed. 1984) (“[Ejven in a diversity suit or an action in state court if a ... transaction ... in interstate or foreign commerce is involved, the substantive rules contained in the [Arbitration] Act, based as it is on the commerce ... power[ ], are to be applied regardless of state law.”).3

II. WHO DECIDES ARBITRABILITY?

In general, § 4 of the Arbitration Act enables a litigant to invoke the authority of a federal district court in order to force a reluctant party to arbitrate a dispute. See 9 U.S.C. § 4.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Diwan v. Emp Global, LLC
841 F. Supp. 2d 246 (District of Columbia, 2012)
Ellison v. Alexander
700 S.E.2d 102 (Court of Appeals of North Carolina, 2010)
Clerk v. First Bank of Delaware
735 F. Supp. 2d 170 (E.D. Pennsylvania, 2010)
Friedman v. Yula
679 F. Supp. 2d 617 (E.D. Pennsylvania, 2010)
Precision Press, Inc. v. MLP U.S.A. Inc.
620 F. Supp. 2d 981 (N.D. Iowa, 2009)
Grimm v. FIRST NAT. BANK OF PENNSYLVANIA
578 F. Supp. 2d 785 (W.D. Pennsylvania, 2008)
Harold H. Huggins Realty, Inc. v. FNC, INC.
575 F. Supp. 2d 696 (D. Maryland, 2008)
Kelly v. MBNA America Bank
528 F. Supp. 2d 490 (D. Delaware, 2008)
Jackson v. Iris. Com
524 F. Supp. 2d 742 (E.D. Virginia, 2007)
South Broward Hospital District v. Medquist Inc.
516 F. Supp. 2d 370 (D. New Jersey, 2007)
Marciano v. MONY Life Insurance
470 F. Supp. 2d 518 (E.D. Pennsylvania, 2007)
Affymax, Inc. v. Johnson & Johnson
420 F. Supp. 2d 876 (N.D. Illinois, 2006)
Tucker v. Fireman's Fund Agribusiness, Inc.
365 F. Supp. 2d 821 (S.D. Texas, 2005)
Smith v. IMG Worldwide, Inc.
360 F. Supp. 2d 681 (E.D. Pennsylvania, 2005)
Bellevue Drug Co. v. Advance PCS
333 F. Supp. 2d 318 (E.D. Pennsylvania, 2004)
Bannett v. Hankin
331 F. Supp. 2d 354 (E.D. Pennsylvania, 2004)
P.L. Services LP v. Millennium Construction, Inc.
328 F. Supp. 2d 245 (D. Puerto Rico, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
921 F.2d 507, 1990 U.S. App. LEXIS 22427, 1990 WL 214958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/painewebber-incorporated-v-willard-s-hartmann-leona-r-hartmann-ca3-1990.