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
Fraud
Misrepresentations and Omissions

James P. Beaty, Trustee of the Beaty Revocable Survivor's Trust v. Morgan Stanley & Co. Inc.

Published: Oct. 9, 2010 | Result Date: Sep. 14, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 09-05230 Arbitration –  Respondent

Court

FINRA


Attorneys

Claimant

Scott R. Shewan
(Pape & Shewan LLP)


Respondent

Melissa M. Muehlfeld


Facts

Claimants James Beaty, Trustee of the Beaty Revocable Survivor's Trust, and U/I/D June 5, 1990 filed a claim against respondent Morgan Stanley & Co., stemming from claimant's investment in preferred shares of Fannie Mae and Freddie Mac.

Contentions

CLAIMANTS' CONTENTIONS:
Claimants alleged misrepresentations and omissions based on common law fraud, misrepresentations and omissions based on California securities fraud, breach of fiduciary duty, violation of NASD Conduct Rules, negligence, and breach of contract.

RESPONDENT'S CONTENTIONS:
Respondent denied the claims.

Damages

Claimant sought $109,146 in compensatory damages, interest, punitive damages, financial elder abuse remdies, attorney fees, and costs.

Result

The arbitration panel denied claimant's claims.

Other Information

ARBITRATORS: Jonathan H. Hathaway, John J. Fitzpatrick Jr., Robert M. Hirsch.


#104709

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

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