This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Breach of Fiduciary Duty
Unsuitability

Bolen Family Trust, Earl D. Bolen IRA v. Morgan Stanley Smith Barney, Christopher Richard Price

Published: Dec. 4, 2010 | Result Date: Nov. 15, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 09-06220 Arbitration –  Defense

Court

FINRA


Attorneys

Claimant

Orly Davidi

Gregory J. Sherwin


Respondent

Gregg Garneau


Facts

Bolen Family Trust and Earl D. Bolen IRA filed a claim against Morgan Stanley Smith Barney and Christopher Price, in relation to asset allocation and investments in several debt securities.

Contentions

PLAINTIFF'S CONTENTIONS:
Claimants alleged breach of fiduciary duty, unsuitability, misrepresentation, and failure to supervise.

Damages

Claimants sought $300,000 in compensatory damages, return on the their portfolio determined pursuant to the Well Managed Account Theory, punitive damages, and attorney fees.

Result

The arbitration panel denied claimants' claims, and recommended expungement from Price's registration records. One arbitrator dissented to the recommendation for expungement.

Other Information

ARBITRATORS: Elliott Finkel, Joseph L. Hagan, David Nielsen.


#102177

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390