Malloy v. Thompson

This action stems from a dispute between plaintiff James Robert Malloy and Swain R. Thompson, regarding assets of Robert L. Chamblee (Decedent). The complaint alleged that Thompson, with the assistance of Merrill Lynch, Pierce, Fenner & Smith, Inc., acted to disrupt Decedent's estate plan and divert Decedent's assets from Malloy to Thompson. Malloy characterized his claims against Merrill Lynch as: (1) intentional interference with inheritance; (2) aiding and abetting intentional interference with inheritance; (3) and civil conspiracy. Merrill Lynch moved to dismiss and compel arbitration arguing that its only connection to this dispute was through its contractual duties under the client relationship agreements (CRAs) entered into between Decedent and Merrill Lynch, which contained mandatory arbitration clauses. Merrill Lynch argued that although Malloy was a non-signatory to the agreements, any duty, if any, owed by Merrill Lynch to Malloy derives from the CRAs, and therefore, he is bound by the arbitration clauses. The circuit court denied the motion and found that while non-signatories may be bound to an arbitration agreement under common law principles of contract and agency law, none of those principles applied in this case, and therefore, there was no basis to compel Malloy to arbitrate. Merrill Lynch appealed. The Supreme Court affirmed the circuit court's denial of Merrill Lynch's motion to dismiss and compel arbitration. Finding no reversible error, the Supreme Court affirmed the circuit court's decision. View "Malloy v. Thompson" on Justia Law