ARBITRATION - MTA, INC. V. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.
MTA, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., [Ms. 1111167, Dec. 7, 2012] ___ So. 3d ___ (Ala. 2012). This opinion holds that the settlor of a trust is not bound by an arbitration agreement entered into between the trustee and the stockbroker with whom the trustee was making investments. Nor was the settlor subject to arbitration under a third-party beneficiary principle, because the terms of the arbitration agreement were not broad enough to reach claims by the settlor.