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Securities
Breach of Fiduciary Duty
Breach of Written Contract, Negligent Misrepresentation

Dennis Rosenstock v. UBS Financial Services Inc.

Published: Jan. 17, 2009 | Result Date: Dec. 17, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 08-00685 Arbitration –  Denied

Court

Arbitration Forum


Attorneys

Claimant

James D. Portman


Respondent

Kathleen S. Adams


Facts

Dennis Rosenstock asserted claims against respondent UBS Financial Services Inc. in connection with the failure to execute sell orders in a timely fashion and the purchase of shares in the Oppenheimer California Municipal Bond Fund. He filed the following causes of action: wrongful conduct; breach of fiduciary duty; breach of written contract; negligent misrepresentation; constructive fraud; failure to supervise; violation of federal and state securities laws, including sections 10 and 20 of the Securities Exchange Act of 1934 and Rule 10b-5; violation of section 12(2) and section 15 of the Securities Act of 1933; violation of California Corporations Code sections 24501, 25500, 25501, and 25504; violation of common law; violation of sections 1, 2, 18, and 57 of Article 111 of the FINRA Rules of Fair Practice; violation of Rule 405 of the New York Stock Exchange "Know Your Customer Rule;" and respondeat superior.

Respondent denied the claims and asserted affirmative defenses.

Damages

Claimant sought compensatory damages totaling $133,000; disgorgement; pre-judgment and post-judgment interest at the legal rate; attorney fees and costs; and lost opportunity costs. Respondent sought dismissal of the Statement of Claim in its entirety in addition to costs.

Result

Claimant's claims were denied in their entirety.

Other Information

ARBITRATORS: Robert Ruben, Elizabeth Copley, David Neilsen.


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