Guerra & Partners Prevails On FINRA Eligibility Motion
On April 5th, shareholder Ailen Cruz successfully argued a Motion to Dismiss based on eligibility in a FINRA customer arbitration. Although FINRA arbitration rules prohibit time-barred claims from proceeding in arbitration, arbitrators have been conspicuously less inclined to dismiss ineligible claims in recent years due – in part – to increasingly creative pleadings and arguments from claimants that are designed to avoid dismissal.