April 10, 2008
Attention:
Nancy Morris
Secretary
Securities and Exchange Commission
Dear Ms. Morris:
I am communicating by email as the quickest and briefest way to provide my comments on the above referenced rule proposal submitted to the Commission by Financial Industry Regulatory Authority, Inc. ("FINRA"). While I am respectful of the opinions of those at FINRA which provides a forum in which I have practiced for over twenty-five years, I believe they are misguided in seeking to curtail the submission of dispositive motions. A procedure that provides a full opportunity to the panel and the parties to dispose of a claim early in the proceedings is neither unfair nor unusual in our traditional system of dispute resolution. A protracted lawsuit, even one in arbitration, benefits neither claimants nor respondents. Voltaire's experience provoked him to utter, " I was never ruined but twice: once when I lost a lawsuit, and once when I won one." If a case is ripe for disposal, it should be ended, before it becomes rotten. I have been monitoring the comments submitted to this rule proposal and find my views most adequately expressed by Mr. Turan's and Ms. Solinger's letter submitted on behalf of SIFMA on April 7,2008.
John W. Shaw
BERKOWITZ OLIVER
WILLIAMS SHAW EISENBRANDT LLP
2600 GRAND BOULEVARD, SUITE 1200
KANSAS CITY, MISSOURI 64108
TELEPHONE (816) 561-7007
DIRECT LINE (816) 627-0243
FACSIMILE (816) 561-1888