United States Second Circuit

In class action alleging conspiracy to fix fees for transactions in foreign currencies, motion to dismiss an interlocutory appeal from district court's denial of motion to compel arbitration is denied. Where the district court found that appellants, as signatories to a written arbitration agreement, are equitably estopped from avoiding arbitration with a non-signatory, the requirement of Section 16 of the Federal Arbitration Act that there be a written agreement is met.

Appellate Information

• Decided 02/13/2007
• Published 02/13/2007

Judges

• POOLER, Circuit Judge:, Before: POOLER and HALL, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Merrill G. Davidoff (Ruthanne Gordon, Charles P. Goodwin, and David A. Langer on the brief) Berger & Montague, P.C., Philadelphia, PA, for Plaintiffs.


• For Appellees:
  
• Jonathan M. Jacobson, Wilson Sonsini Goodrich & Rosati (Evan R. Chesler, Elizabeth Grayer, Cravath, Swaine & Moore LLP;  Meredith Kotler, Wilson Sonsini Goodrich & Rosati on the brief) New York, NY, for Defendants.