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Securities
Breach of Fiduciary Duty
Fraudulent Misrepresentation

Letitia McKee Cooper, Cooper Trust DTD 10/05/2000 v. John Louis Parmigiani

Published: Feb. 4, 2017 | Result Date: Nov. 15, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 15-03227 Arbitration –  Dismissal

Court

FINRA


Attorneys

Claimant

Joseph S. Fogel
(Fogel & Associates)


Respondent

Ian J. Frimet


Facts

Letitia Cooper and the Cooper Trust DTD 10/05/2000 filed a claim against John Parmigiani, in connection with claimants' investment in stock, exchange traded funds, and options trading.

Contentions

CLAIMANTS' CONTENTIONS:
Claimants asserted causes of action for breach of fiduciary duty-suitability, fraudulent misrepresentation, negligent misrepresentation, negligence, unjust enrichment, and breach of contract.

RESPONDENT'S CONTENTIONS:
Respondent denied the allegations and asserted various affirmative defenses. Respondent moved to dismiss, claiming that claimant had no colorable claim against respondent.

Damages

Claimants sought $311,000 in special damages and other relief.

Result

The FINRA Panel granted Parmigiani's motion to dismiss. The claim was found ineligible for arbitration.

Other Information

The case is now filed, and pending, as LASC Case No. LC105051. According to claimant, the case has additional theories of recovery, and fairer discovery. ARBITRATORS: Sandra L. Malek, Gary T. Haight, Sean A. Richardson.


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