Goldman, Sachs & Co. v. City of Reno, No. 13-15445 (9th Cir. 2014)
Annotate this CaseAfter Reno's financing collapsed, Reno initiated an arbitration before FINRA to resolve its claims against Goldman arising out of their contractual relationship. Goldman then filed this action to enjoin the FINRA arbitration. The court concluded that it, rather than FINRA, must determine the arbitrability of this dispute. Although Reno qualified as Goldman's customer under FINRA Rule 12200, the court held that Reno disclaimed its right to FINRA arbitration by agreeing to the forum selection clauses in the parties' contracts. Therefore, the court reversed the district court's denial of a preliminary injunction and final judgment in favor of Reno. Despite Goldman's "overwhelming likelihood of success on the merits," the court remanded to the district court to consider the remaining Winter v. Natural Res. Def. Council, Inc. factors.
Court Description: Arbitration / Forum Selection. The panel reversed the district court’s denial of a preliminary injunction, and its final judgment in favor of the City of Reno, in an action brought by Goldman, Sachs & Co. to enjoin Financial Industry Regulatory Authority arbitration. The panel held that the forum selection clauses in the parties’ contracts superseded any right to Financial Industry Regulatory Authority (“FINRA”) arbitration. The panel held that the court, rather than FINRA, must determine the arbitrability of the dispute. The panel further held that although Reno qualified as Goldman’s customer under FINRA Rule 12200, Reno disclaimed its right to FINRA arbitration by agreeing to the forum selection clauses in the parties’ agreements. The panel remanded to the district court to consider whether a preliminary injunction is warranted. District Judge Battaglia concurred with Parts III-A and III-B of the majority’s opinion, and dissented from the finding that the contracting parties’ forum selection clauses superseded Goldman’s pre-existing obligation to arbitrate under the FINRA Rules. Judge Battaglia would affirm the district court’s denial of Goldman’s motion to preliminarily enjoin the FINRA arbitration.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.