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Securities
Breach of Fiduciary Duty
NASD

Kelsey Phipps Living Trust date June 7, 2000 v. Morgan Stanley DW Inc.

Published: Apr. 1, 2006 | Result Date: Dec. 24, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 0403137 Arbitration –  Respondent

Court

Case Not Filed


Attorneys

Plaintiff

Thomas D. Mauriello
(Mauriello Law Firm APC)


Defendant

Kevin Lewis


Facts

Claimant The Kelsey Phipps Living Trust alleged claims for negligence, breach of contract, breach of fiduciary duty and negligent supervision in connection with investments in Pumatech Inc. stock. The respondent, Morgan Stanley DW Inc., denied the allegations of wrongdoing made by the claimant. The respondent also denied any liability and also asserted affirmative defenses.

Damages

The claimant requested $277,989.84 in compensatory damages that consisted of the decline in the price of Pumatech stock between March 1, 2001 and April 30, 2001, multiplied by 215,496 shares. The claimant also requested commissions and transactions fees, if any; an award of prejudgment interest; costs of suit, including reasonable attorney fees in an amount to be proved; and other appropriate relief. The respondent requested that the claimant take nothing.

Result

All of the claimant's claims were dismissed.


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