DESCRIPTION FORECASTS CASES DATA MANUSCRIPTS   CONTRIBUTORS

Howsam v. Dean Witter Reynolds, Inc. October 9, 2002 (01-800) return to case listing Case Summary Dean Witter instituted this action in federal court seeking to enjoin a customer, Howsam, from arbitrating a dispute with the National Association of Securities Dealers (NASD). Dean Witter claimed that the dispute was time-barred under NASD rules stating "[n]o dispute, claim or controversy shall be eligible for submission to arbitration under this Code where six (6) years have elapsed from the occurrence or event giving rise to the act or dispute..." The Tenth Circuit held that because the parties' agreement did not "clearly and unmistakably" demonstrate the parties' intent to have issues of arbitratability decided by an arbitrator rather than by the courts, the courts may properly determine whether Howsam's arbitration claim is time-barred. The Tenth Circuit's opinion is found at 261 F.3d 956. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 6-3 to Reverse 9-0 to Reverse 6-2 to Reverse 8-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Stevens O'Connor Kennedy Souter Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens Kennedy Souter Ginsburg Breyer (Justice O'Connor is predicted to recuse herself from this case) Rehnquist Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer (Justice O'Connor recused herself) VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Rehnquist Scalia Thomas Scalia Thomas   return to case listing