DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111213P.pdf 08/06/2012 Robert McCrary v. Stifel, Nicolaus & Company
U.S. Court of Appeals Case No: 11-1213
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] Shepherd, Author, with Melloy and Smith, Circuit Judges]
Civil case - Private Securities Litigation Reform Act of 1995. The
district court erred in dismissing Plaintiffs' individual securities fraud
claims without staying the claims pending arbitration or undertaking an
analysis of the claims under the Act, and the claims should be remanded
for reconsideration; complaint failed to state viable class claims under
Rule 23, and the district court did not err in dismissing Plaintiffs' class
claims; district court may resolve Plaintiff Thompson's argument that
defendants waived their right to arbitrate his claim on remand; district
court did not abuse its discretion in denying Plaintiffs's request to enjoin
Thompson's arbitration.