193691P.pdf   06/03/2021  Mark Donelson  v.  Ameriprise Financial Svcs, Inc
   U.S. Court of Appeals Case No:  19-3691
                          and No:  19-3693
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] Gruender, Author, with Benton and Stras, Circuit Judges] 
   Civil case - Securities law. In action alleging defendants had traded in 
   plaintiff's account in violation of 10(b) and Section 20 of the Securities 
   Exchange Act and in violation of its fiduciary duties under Sec. 206 of 
   the Investment Advisors Act, the district court abused its discretion in 
   denying defendants' motion to strike plaintiff's class-action allegations; 
   the court has jurisdiction to review the denial of the motion to strike 
   because this denial was contained in an order reviewable under 9 U.S.C. 
   Sec. 16(a)(1)(B); defendants did not waive their right to arbitrate 
   plaintiff's claim by moving to strike the class-action allegations at the 
   same time they moved to compel arbitration as the action was not 
   inconsistent with the defendants' right to arbitrate and did not 
   substantially invoke the litigation machinery; under the client agreement, 
   defendants had the right to compel arbitration of the disputes as the 
   provision was supported by mutual consent, was supported by consideration 
   and was not unconscionable; this valid arbitration clause encompassed the 
   dispute between the parties.