Shearson Lehman Hutton, Inc. v. Walter Wagoner, Jr., Trustee

How courts have described this case

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

• holding that “any limitations defense—whether stemming from the arbitration agreement, arbitration association rule, or state statute—is an issue to be addressed by the arbitrators”
• holding that a trustee had no power to bring creditor’s tort claims for breach of fiduciary duty against third-parties
• holding that the chapter 11 trustee lacked standing to assert claims belonging to the estate where he was the plaintiff in the adversary proceeding before the court
• holding that the trustee has standing to bring a claim for churning the debtor’s accounts because such a claim may form a basis for causes of action in fraud as well as breach of contract
• holding that the trustee had standing to pursue an action for churning against the debtor's broker relating to transactions in a discretionary account, but did not have standing to bring a suit for fraud since that cause of action accrued to creditors under New York law
• concluding that there was no waiver despite a three-year delay

Source: CourtListener parenthetical corpus (CC0).