Martha C. Campbell, personally and on behalf of Martha C. Campbell Rollover IRA v. Kevin A. Williams, North Global Securities Inc., North Wealth Management Company, Asset Management Strategies LLC, Daniel Gullen
Published: Oct. 9, 2010 | Result Date: Sep. 17, 2010 | Filing Date: Jan. 1, 1900 |Case number: 09-05650 Arbitration – $641,052 (including fees and costs)
Court
FINRA
Attorneys
Claimant
Brian D. Miller
(Miller & Milove)
Paul M. Jonna
(LiMandri & Jonna LLP)
Bradd L. Milove
(Miller & Milove)
Respondent
Robert B. Ericson
(Albert & Will LLP)
Andrew R. Stilwell
(Patel Stilwell LLP)
Facts
Claimant Martha Campbell entered into arbitration with respondents Kevin Williams, North Global Securities Inc. and its related companies, as well as Daniel Guillen, regarding the purchase of units in the Land Entitlement and Opportunities Fund.
The FINRA arbitration lacked jurisdiction over respondent Daniel Guillen and he was, therefore, not a party to this action.
Contentions
CLAIMANT'S CONTENTIONS:
Campbell alleged breach of fiduciary duty and constructive fraud, financial abuse of a dependent adult, violations of the Securities Exchange Act of 1934, as well as common law fraud, violations of California Corporations Code, and unfair sales practices. Campbell further claimed negligence, breach of contract, and breach of covenant of good faith and fair dealing.
RESPONDENT'S CONTENTIONS:
Williams, North Global, and North Wealth and Asset Management denied the allegations, asserting various affirmative defenses.
Damages
Campbell sought damages of $404,034 as well as disgorgement of commissions received, loss of funds, lost opportunity costs, treble damages, punitive damages, and attorney fees and costs.
Result
The panel found in favor of Campbell, awarding her $397,034 in compensatory damages, as well as punitive damages of $75,000, and $169,018 in attorney fees and costs, against Williams, North Global, and North Wealth and Asset Management.
Other Information
ARBITRATORS: Lester G. Stiel, Daniel A. Seiver, John Goodrich.
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