Arbitration – Motion to Compel – Nonsignatory – Equitable Estoppel – Securities Trading Contract

North Carolina Lawyers Weekly Staff//August 3, 2012

Erichsen v. RBC Capital Markets, LLC (Lawyers No. 12-02-0782, 21 pp.) (Louise W. Flanagan, J.) 7:11-cv-00190; E.D.N.C.

Holding: Even though neither defendant nor its predecessor signed the risk disclosure statement (RDS) that contains the arbitration clause at issue, since plaintiff signed the RDS, and since plaintiff’s claims are based on the RDS, defendant may enforce the arbitration clause.

Defendant’s motion to compel arbitration is granted.

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