Salomon Smith Barney, Inc. v. Arthur Harvey, M.D., Delores Thomas

331 F.3d 1286, 2003 U.S. App. LEXIS 10920, 2003 WL 21251445

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before TJOFLAT and DUBINA, Circuit Judges, and SHAPIRO * , District Judge.

PER CURIAM:

This case is before us on remand from the United States Supreme Court for reconsideration in light of Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 123 S.Ct. 588, 154 L.Ed.2d 491 (2002). Harvey v. Salomon Smith Barney, Inc., — U.S. —, 123 S.Ct. 718, 154 L.Ed.2d 629 (2002). We directed the parties to file supplemental briefs discussing the effects of Howsam on the present case. The parties complied with our directive.

After carefully reviewing the Howsam decision, and reading the parties’ supplemental briefs, we vacate the district court’s judgment and remand this case with directions to the district court to vacate its injunction and require Salomon Smith Barney to arbitrate.

VACATED and REMANDED.