Kurtis Fechtmeyer v. Pacific Growth Equities, LLC, Richard H. Osgood III, George J. Milstein
Published: Apr. 1, 2006 | Result Date: Aug. 31, 2005 | Filing Date: Jan. 1, 1900 |Case number: 0407045 Arbitration – Respondents
Court
Case Not Filed
Attorneys
Plaintiff
William B. Murphy
(Perkins Coie LLP)
Defendant
Gilbert R. Serota
(Arnold & Porter Kaye Scholer LLP)
Facts
With respect to his employment with Respondent Pacific Growth Equities, LLC, Claimant Kurtis Fechtmeyer alleged breach of contract, Breach of covenant of good faith and fair dealing, violation of California Labor Code Sections 200-203. Against all of the respondents, including Richard H. Osgood III and George J. Milstein, Fechtmeyer alleged fraud, unjust enrichment, common law defamation, violation of NASD Rule 1150, tortious interference with prospective business relations and punitive damages.
The respondents denied all of the claimant's allegations of wrongdoing, as well as any liability to the claimant. The respondents asserted affirmative defenses.
Damages
Against PGE, the claimant sought an amount exceeding $200,000 for breach of contract, an amount approximately $200,000 for breach of the covenant of good faith and fair dealing, and approximately $200,000 plus interest and attorney fees for the violation of the California Labor Code sections. Against all of the respondents, joint and severally, the claimant sought an amount exceeding $1,000,000, plus punitive damages for fraud, an amount exceeding $1,000,000 for unjust enrichment, an amount exceeding $1,000,000, plus punitive damages for common law defamation, an amount exceeding $1,000,000, plus punitive damages and an order to withdraw and correct the statement of the Form U-5 for violation of NASD Rule 1150, an amount exceeding $1,000,000, plus punitive damages for tortious interference with prospective business relations and punitive damages.
Result
All of the claimant's claims were denied with the exception for the request to correct the Form U-5. The claimant's Form U-5 shall be reformed.
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