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Securities
Breach of Fiduciary Duty
Misrepresentations and Omissions

Edward Blackoff, Trustee of the Revocable Living Trust of Edward and Sasa Blackoff NNN Aventura Harbor 14 LLC v. Jeffrey S. Gurman, Damien P. Gallagher, Grubb & Ellis Securities Inc., Woodbury Financial Services Inc.

Published: May 7, 2011 | Result Date: Apr. 6, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 09-05396 Arbitration –  $444,000

Court

FINRA


Attorneys

Claimant

David G. Liebrader


Respondent

Ryan D. Harvey
(Lewis, Brisbois, Bisgaard & Smith LLP)

Neal S. Robb
(Keesal, Young & Logan)

Jesse Linebaugh


Facts

Edward Blackoff and NNN Aventura Harbor 14 (claimants) entered into arbitration with Woodbury Financial Services Inc., Jeffrey Gurman, and Grubb & Ellis Securities Inc. (respondents), regarding an investment in an undivided tenant in common interest offered by NNN Aventura.

Contentions

CLAIMANTS' CONTENTIONS:
Claimants alleged breach of fiduciary duty, misrepresentations, negligence, breach of contract, and violation of California securities laws.

RESPONDENT'S CONTENTIONS:
Respondents denied the allegations, asserting various affirmative defenses. Grubbs & Ellis filed a counter claim alleging breach of contract and indemnity.

Damages

Claimants sought rescission of the investments or compensatory damages of $834,167, as well as consequential damages, disgorgement, payments on the loan, punitive damages, interest, and costs.

Result

Grubb & Ellis reached a confidential settlement payment with the Claimants. The arbitration panel found Gurman and Woodbury liable for $444,000 in compensatory damages, as well as interest, attorney fees, and costs.

Other Information

ARBITRATORS: Michael G. Clark, Melvin S. Feldman, Dean Schneider.


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