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.

Contracts
Breach of Promissory Note
Unjust Enrichment

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Mark Rossel

Published: Oct. 10, 2009 | Result Date: Jun. 9, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 06-00240 Arbitration –  $252,917

Court

Arbitration Forum


Attorneys

Claimant

Patricia Tsipras


Respondent

Erwin J. Shustak
(Shustak, Reynolds & Partners PC)

Jonah A. Toleno
(Shustak, Reynolds & Partners PC)


Facts

Claimants Merill Lynch, Pierce, Fenner & Smith Inc. alleged breach of a promissory note and unjust enrichment against respondent Mark Rosel, whom they had terminated from employment.

Damages

The claimants sought the outstanding principal on the promissory note, $178,618, interest on the principal, and attorney fees and costs. The respondent requested a release and waiver for all claims in a written settlement, that his termination be changed to voluntary resignation, and that he receive no less than neutral employment references from claimant.

Result

The panel held in favor of claimants and awarded compensatory damages of $252,917, which included attorney fees.

Other Information

On March 20, 2009, the panel held a pre-hearing conference with the parties regarding damage calculations. On March 26, 2009, the parties stipulated the compensatory damages to be paid by respondent as $178,711. ARBITRATORS: David Harrison, Dean Schneider, Theresa Hu.


#106307

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

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