Morgan Stanley DW Inc. v. Halliday

How courts have described this case

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

• holding that a non-signatory trust beneficiary was not bound by an arbitration clause despite the contract generating income that ultimately flowed to the non-signatory
• recognizing the general rule that only parties to a contract are bound by that contract with the exception of third party beneficiaries
• holding in a lawsuit by a beneficiary of a trust against the trustees and brokerage firm, the beneficiary was not bound by the arbitration clause in the agreement between the trustees and brokerage firm under a third-party beneficiary theory
• holding a non-party may sue for breach of contract if and only if the contract “clearly express[es] an intent to primarily and directly benefit the third party or a class of persons to which that party belongs”
• beneficiary not bound by arbitration provision in account agreement signed by trustee under third-party beneficiary theory because agreement did not clearly- express an intent to primarily and directly benefit the third-party
• beneficiary not bound by - 32 - arbitration provision in account agreement signed by trustee under third-party beneficiary theory because agreement did not clearly express an intent to primarily and directly benefit the third-party

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• Alfred L. Bochese v. Town of Ponce Inlet
  Eleventh Circuit· 2005-04-07· cited 369×
• Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company
  Tennessee Supreme Court· 2017-10-20· cited 26×
• Steve Owren, Inc. v. Connolly
  District Court of Appeal of Florida· 2004-07-21· cited 16×
• FP & L. v. Road Rock, Inc.
  District Court of Appeal of Florida· 2006-02-15· cited 13×
• Germann v. Age Institute of Florida, Inc.
  District Court of Appeal of Florida· 2005-02-09· cited 13×
• Mims v. Global Credit & Collection Corp.
  S.D. Florida· 2011-08-12· cited 12×
• EXTENDICARE HEALTH v. Estate of Patterson
  District Court of Appeal of Florida· 2005-03-04· cited 9×
• Wellin v. Wellin
  D. South Carolina· 2015-09-30· cited 5×
• Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.
  District Court of Appeal of Florida· 2013-04-24· cited 4×
• Bank of America, N.A., Mark P. Maller, Brian Mormile, Douglas Divirgilio and Frederick Perry v. Don Beverly and Dean Kretschmar
  District Court of Appeal of Florida· 2015-06-10· cited 3×
• Rebman v. Follett Higher Education Group, Inc.
  M.D. Florida· 2008-02-21· cited 3×
• United States v. Florida West International Airways, Inc.
  S.D. Florida· 2012-02-10· cited 1×
• AG EDWARDS & SONS, INC. v. Dublon
  District Court of Appeal of Florida· 2007-02-14
• Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company
  Court of Appeals of Tennessee· 2017-10-20
• Lincoln Financial Advisors Corporation v. Bridgette Ards, Acting as Next Friend for Her Daughter, Gabrielle Ards
  Tex. App. Ct., 3rd Dist. (Austin)· 2019-12-19
• THE COHEN'S ORGANIZATION v. PREMIER FIRE ALARMS AND INTEGRATION SYSTEMS, INC. and COLLECTION D'ART, LLC
  District Court of Appeal of Florida· 2021-04-14
• Mark Palanchian and Derek Palanchian v. Windstone Property Owners Association, Inc. and South Florida Water Management District
  District Court of Appeal of Florida· 2024-01-24
• Fucci v. First American Title Insurance Company
  Tenth Circuit· 2025-07-22
• Fucci v. First American Title Insurance Company
  Tenth Circuit· 2025-09-10

Cites

12 cases in this archive are cited by this case.

• First Options of Chicago, Inc. v. Kaplan
  Supreme Court· 1995-05-22· cited 4,743×
• Seifert v. US Home Corp.
  Supreme Court of Florida· 1999-11-18· cited 377×
• Metropolitan Life Ins. Co. v. McCarson
  Supreme Court of Florida· 1985-03-07· cited 297×
• Caretta Truc. v. Cheoy Lee Shipyards
  District Court of Appeal of Florida· 1994-12-21· cited 75×
• Security Mut. Cas. Co. v. Pacura
  District Court of Appeal of Florida· 1981-08-11· cited 20×
• Aetna Cas. & Sur. Co. v. Jelac Corp.
  District Court of Appeal of Florida· 1987-04-15· cited 17×
• Thomas v. Carlton Ex Rel. Special Road & Bridge District Number One
  Supreme Court of Florida· 1932-09-13· cited 14×
• Tartell v. Chera
  District Court of Appeal of Florida· 1996-03-06· cited 11×
• Jacobson v. Heritage Quality Const.
  District Court of Appeal of Florida· 1992-08-12· cited 10×
• Clark and Co., Inc. v. Dept. of Ins.
  District Court of Appeal of Florida· 1983-08-05· cited 7×
• Shearson Lehman Hutton, Inc. v. Lifshutz
  District Court of Appeal of Florida· 1992-03-04· cited 7×
• Mann v. Cooke
  District Court of Appeal of Florida· 1993-09-17· cited 2×