Javitch v. First Union Securities, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that receiver is bound by receivership defendant’s agreement to arbitrate claims to recover assets
• noting that the “general rule is that a receiver acquires no greater rights in property than the debtor had . . .”
• noting that non-signatories may be compelled to arbitrate under the doctrine of estoppel
• emphasizing that “although the stated objective of a receivership may be to preserve the estate for the benefit of creditors, that does not equate to a grant of authority to pursue claims belonging to the creditors”
• courts are required engage in a “limited review” to determine if a dispute is arbitrable before compelling arbitration
• “Because they stand in the shoes of the entity in receivership, receivers have been found to lack standing to bring suit unless the receivership entity could have brought the same action.”

Source: CourtListener parenthetical corpus (CC0).