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Contracts
Breach of Contract
Breach of Fiduciary Duty, Negligence

Allyn Pon v. Fimat USA, LLC

Published: Sep. 27, 2008 | Result Date: Jul. 18, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07-01930 Arbitration –  Claims denied.

Court

Arbitration Forum


Attorneys

Claimant

Vincent D. Slavens
(Benink & Slavens LLP)


Respondent

John w. Cotton


Facts

Claimant Allyn Pon sued respondent Fimat USA LLC for breach of contract, negligence, and breach of fiduciary duty arising from transactions involving China Premium Lifestyle Enterprise Inc. Claimant alleged respondent failed to protect claimant's account information and failed to protect claimant from losses caused by a third-party accessing his account. Respondent denied the allegations and asserted affirmative defenses.

Damages

Claimant sought $110,000 in compensatory damages; pre-judgment interest; attorney and expert fees; and other costs and disbursements or further relief as proper. Respondent sought an award of all reasonable fees and costs of defense incurred; attorney fees; and that claimant take nothing by the claim.

Result

The panel denied all claims in their entirety and denied all relief not specifically addressed in the complaint.

Other Information

ARBITRATORS: Ronald O. Bub Sr., James H. Bowersox, D. Brad Callen. The panel denied respondent's motion to dismiss.


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