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Contracts
Breach of Fiduciary Duty
Professional Negligence

Ronald L. Lawrence, Janice L. Lawrence, Recruiter's Resource Inc.

Published: Oct. 4, 2008 | Result Date: Aug. 20, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07-02489 Arbitration –  Claims Denied

Court

Arbitration Forum


Attorneys

Claimant

Mark A. Schadrack
(Lewis, Brisbois, Bisgaard & Smith LLP)


Respondent

Richard A. Karoly

Paul S. Chan
(Bird, Marella PC)


Facts

Claimants Ronald and Janice Lawrence, and Recruiter's Resource Inc., alleged respondent Charles Schwab & Co. Inc. used an unqualified employee to assist and advise claimants on their pension plan account. As such, claimants contended that respondent acted negligently and breached a number of contractual as well as fiduciary duties owed to claimants, which directly and proximately caused $370,000 in damages. Respondent denied the allegations and asserted affirmative defenses.

Damages

Claimants sought at least $370,000 in compensatory damages, plus interest; costs and reasonable attorney fees; as well as any other relief deemed appropriate.

Result

Claimants' claims were dismissed.

Other Information

The panel denied respondent's motion to exclude claimants' Exhibit 18. The parties agreed that the award may be executed in counterpart copies or that a handwritten, signed award may be entered. ARBITRATORS: Morris S. Getzels, Victoria E. Johnson, Valerie Lewis.


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