Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Paul Revere Variable Annuity Insurance Co. v. Zang

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Nathaniel M. Gorton, U.S. District Judge]+

Litigation decisions made by parties have consequences. This case involves strategic decisions made by parties in an attempt to obtain a benefit from a particular ruling; when the court issued a contrary order, those parties attempted to reverse course and get the district court to reach a different result under Rule 60(b), Fed. R. Civ. P. The district court was unsympathetic, and this appeal followed. Arthur F. Zang, Jr., and Harold P. Beck joined a number of other employees in filing state employment actions against six interrelated companies, including The Paul Revere Variable Annuity Insurance Company (“Variable”). Variable, alone among the six companies, is a member of the National Association of Securities Dealers (“NASD”). Based on that membership the companies sought to compel arbitration against seventeen of the former employees by virtue of those employees’ registration with NASD. Fifteen of the seventeen former employees then voluntarily dismissed their claims against Variable and continued their claims against the remaining five companies; Zang and Beck remained steadfast and contested the motions to compel arbitration.

The district court dismissed the motions to compel arbitration as to the fifteen employees who no longer had claims against Variable and, after further argument, entered an order compelling Zang and Beck to submit their claims against the six companies to arbitration, finding that they both had entered into enforceable arbitration agreements. Faced with this court order, Zang and Beck reversed course and decided to dismiss their claims against Variable. After doing so, they sought relief from the district court’s order under Rule 60(b), arguing that the remaining five companies lacked standing on their own to compel arbitration. The district court declined to grant relief from its order, and Zang and Beck now appeal both that denial and the initial order. We affirm both orders.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs