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PostPosted: Sat Jan 27, 2007 9:50 pm 
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The Fifth Circuit held that a similar arbitration clause was sufficiently broad to require the arbitration of several investors claims against their financial advisers for: (1) inappropriate investments; (2) misrepresentation; (3) breach of fiduciary duty; (4) violation of federal securities law; and (5) negligence. Safer, 422 F.3d 289 at 293. The Texas Supreme Court has likewise enforced broad arbitration clauses to require arbitration for the types of claims that are alleged against Satre. See In re McKinney, 167 S.W.3d at 834 (alleging claims for breach of contract, fraud, breach of fiduciary duty, and other claims for mishandling and loss of investments in his account); In re FirstMerit Bank, N.A., 52 S.W.3d 749, 753 (Tex.2001)(alleging claims for breach of contract, revocation of acceptance, breach of warranty, negligence, fraud, violations of the Deceptive Trade Practices Act, Fair Debt Collection Practices Act, Equal Credit Opportunity Act and Fair Credit Reporting Act, and injunctive relief); and Cantella, 924 S.W.2d at 944 (alleging claims for fraud, Texas Securities Act violations, negligence and gross negligence). We likewise hold that the claims asserted by Dommert fall within the scope of the Client Agreements' arbitration clauses.

Safer v. Nelson Fin. Group, Inc., 422 F.3d 289, 293 (5th Cir.2005).

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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