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Thomas A. Wootten v. Fisher Investments, Inc.; Fisher Asset Management, LLC, Dba

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Submitted: March 14, 2012

Before MELLOY, SMITH and SHEPHERD, Circuit Judges.

Thomas A. Wootten initiated an arbitration against his former investment advisor, Fisher Investments, Inc. (“Fisher Investments”). During the arbitration, Fisher Investments moved to dismiss Wootten’s Missouri statutory claims based on the arbitration agreement’s Delaware choice-of-law provision. Ruling on Fisher Investments’ motion, the arbitrator dismissed Wootten’s Missouri statutory claims and sua sponte prohibited Wootten from adding a federal securities law claim. Wootten then filed a civil action against Fisher Investments in the United States District Court for the Eastern District of Missouri, re-alleging the Missouri statutory and federal securities law claims and seeking a declaration that the arbitration agreement was void. The district court*fn1 dismissed Wootten’s claims without prejudice, deciding that Wootten had to complete arbitration before he could pursue remedies in federal court. We affirm.

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