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Securities
Breach of Contract
Breach of Fiduciary Duty

Joe R. Woods v. Brady Foley, Ann K. Bond

Published: Dec. 4, 2010 | Result Date: Nov. 16, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 09-06925 Arbitration –  $9,297

Court

FINRA


Attorneys

Claimant

Jeffrey S. Kob
(Evans & Kob PC)


Respondent

Jeffrey K. Compton
(Markun, Zusman, Freniere & Compton LLP)


Facts

Joe Woods filed a claim against Brady Foley and Ann Bond in connection to the termination of a revenue sharing agreement, which Woods and Foley had entered into. Foley and Bond then filed a counterclaim against Woods.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant alleged breach of contract, breach of fiduciary duty, unfair competition, interference with prospective economic advantages, interference with contract, misappropriation of trade secrets, and declaratory relief. Claimant rejected respondents' allegations.

RESPONDENTS' CONTENTIONS:
Respondents denied the claims of misconduct, and alleged breached of contract, defamation, intentional interference with contract and prospective business advantage, indemnity, contribution, and unjust enrichment.

Damages

Claimant sought $500,000 in general damages, special damages, pre-judgment interest, $250,000 in punitive damages, disgorgement, injunctive relief, costs, and attorney fees. Respondents sought denial of claimant's claim, damages, costs, and attorney fees. At the close of the hearing, claimant asked for $1,253,921, which consisted of $73,000 in attorney fees. Also, Bond asked for $25,728, and Foley sought $158,133, of which $73,000 included attorney fees.

Result

The arbitration panel held that respondent Foley was liable to claimant Woods in the amount of $25,703, and that claimant Woods was liable to Foley in the amount of $10,000, plus $25,000 in attorney fees. Thus, Woods was required to pay Foley $9,297.

Other Information

ARBITRATORS: Nancy J. Spieczny, Thomas E. DuVoisin, Brian W. Heublein.


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