Motion for Leave to File Brief Amicus Curiae and Brief Amicus Curiae in Karen Howsham vs Dean Witter Reynolds

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The Competitive Enterprise Institute (CEI) respectfully moves this Court for leave to file the accompanying brief amicus curiae in support of respondent Dean Witter Reynolds. Consent to the filing of this brief has been received from respondent Dean Witter Reynolds (and is filed with the Clerk of this Court). However, by the time of filing we have not received a reply in response to our requests for consent from petitioner Karen Howsam.

The Competitive Enterprise Institute’s interest in this case stems from the work of our scholars on the impact of regulation and litigation on the legal institution of contract.2 The Competitive Enterprise Institute is a nonpartisan policy analysis organization founded in 1984, dedicated to the principles of limited constitutional government and free enterprise. CEI has an interest in supporting the position of the respondent, to urge that this Court enforce the intent of the parties to a contract as expressed in the plain meaning of the contract itself and the rules governing the contract. While the parties have briefed the more technical aspects of this case concerning arbitration clauses, we hope that our analysis will be of help to this Court in assessing some of the broader issues the case presents concerning the interpretation of contracts.

For this reason, CEI’s motion for leave to file the attached amicus brief should be granted.