UBS FINANCIAL SERVICES, INC. v. CARILION CLINIC

No. 12-2066.

706 F.3d 319 (2013)

UBS FINANCIAL SERVICES, INCORPORATED; Citigroup Global Markets, Incorporated, Plaintiffs-Appellants, v. CARILION CLINIC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2013.


Attorney(s) appearing for the Case

ARGUED: Jonathan K. Youngwood , Simpson Thacher & Bartlett, LLP, New York, New York, for Appellants. James R. Swanson , Fishman Haygood Phelps Walmsley & Swanson LLP, New Orleans, Louisiana, for Appellee. ON BRIEF: Hugh McCoy Fain, III , Edward E. Bagnell, Jr. , Spotts Fain PC, Richmond, Virginia, for Appellants; Jay Cohen , Paul, Weiss, Rifkind, Wharton & Garrison LLC, New York, New York, for Appellant Citigroup Global Markets, Inc. Jason W. Burge , Alysson L. Mills , Fishman Haygood Phelps Walmsley & Swanson LLP, New Orleans, Louisiana; Patrick T. Fennell , Crandall & Katt, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.


OPINION

NIEMEYER, Circuit Judge:

This case presents the question of whether UBS Financial Services, Inc. ("UBS") and Citigroup Global Markets, Inc. ("Citi") are required, as members of the Financial Industry Regulatory Authority, Inc. ("FINRA"), to arbitrate disputes arising out of the services they provided to Carilion Corporation in connection with its multi-million dollar bond issues. Carilion claimed that during the course of providing those services...

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