Case Problem:
Marshall files a complaint against S.A. & E., a brokerage firm registered with the Securities and Exchange Commission. The complaint alleges a violation of the Securities Exchange Act by engaging in fraudulent excessive trading. S.A. & E. files a motion to dismiss the case because Marshall had signed a customer agreement that included in its terms a promise to submit all disputes arising regarding their accounts to arbitration. Marshall argues that, owing to the egregious nature of S.A. & E.’s conduct, Marshall should be entitled to his day in court and the binding arbitration clause should be nullified. Why will the court grant or deny S.A. & E’s motion?
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.