The terms and conditions of an electronically signed account agreement were “reasonably conspicuous” and thus binding on the customer even though she had to scroll down the page to see the relevant terms.
Categories Court Decisions, Securities Arbitration on July 17, 2020
*A non-signatory is estopped from cherry-picking parts of a contract she finds beneficial, while ignoring those she would prefer not apply,
Categories Court Decisions, Securities/Commodities Regulation on July 10, 2020
Disgorgement, as an SEC enforcement remedy, is permissible, given that courts observe restrictions that might otherwise make the disgorgement order a “penalty.”
When considering a FRCP 12(c) motion for judgment on the pleadings, the court construes the complaint in the light most favorable to the plaintiff,
Claims by a customer relating to the freezing of account assets, their liquidation and turnover to IRS are subject to arbitration under the account agreement.
Defendant faces potential sanctions for its repeated delays in paying attorneys’ fees awarded Plaintiff in arbitration.