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According to the court, because Campbell had not directly acknowledged receipt it was not a binding agreement. The court found that the use of electronic communication or electronic notification does not satisfy the FAA’s written agreement requirement.
The father’s agreement with Smith Barney mandated arbitration and this was a signed dated customer agreement. Even though other firms had not honored similar agreements that had issues occur older than six years, the agreement as signed and dated represents the final contract and as such should be binding regardless unless a length of time was stipulated upon signing. In this instance, the courts found in favor of the brothers for the reasons mentioned above. It is noted that upon review of the case, the court initially found in favor of Smith Barney, however, reconsidered its original decision based on the lack of a stipulated length of time.
However, even if the court agreed that he was in fact correct in this argument the original charges of possessing and manufacturing the pornography would because to have local pornography charges leveled against him. It is my opinion that the courts would likely dismiss the federal charges and would send the case back to the local jurisdiction. Upon review of the case itself, I found that this was indeed the case, though the original court did sentence him using federal charges. According to the summation of the case, the federal charges against Smith were reversed.
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