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Torts
Negligence
Breach of Fiduciary Duty

Carl F. Neuss, et al. v. Wells Fargo Investments, LLC, et al.

Published: Jun. 23, 2012 | Result Date: Sep. 6, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-01320 Arbitration –  Expungement

Court

ADR


Attorneys

Claimant

Martin B. Greenbaum

Ronald Miller


Respondent

G. Thomas Fleming III
(Jones, Bell, Abbott, Fleming & Fitzgerald LLP)


Facts

Claimants filed for arbitration over claims related to Respondents' management of Claimants' annuity accounts.

Contentions

CLAIMANT'S CONTENTIONS:
Claimants alleged that they suffered losses because the respondents handled their accounts poorly. They specifically alleged violations of NASD Rule 2310 and NYSE Rule 405, diversification, loss management, negligence, breach of fiduciary duty, misrepresentation, and failure to supervise.

RESPONDENT'S CONTENTIONS:
Respondents denied all of the claims.

Damages

Claimants sought $2,108,000 in out-of-pocket losses.

Result

The arbitration panel recommended expungement for Milia and Gates, finding that the claim was factually erroneous and impossible.


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