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Securities
Breach of Fiduciary Duty
Unsuitability

Ellen L. Brown v. Neuberger Berman, LLC; Merrill Lynch, Pierce, Fenner & Smith Inc.

Published: Aug. 13, 2011 | Result Date: Jun. 9, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-01149 Arbitration –  Claims Denied

Court

FINRA


Attorneys

Claimant

Marc I. Zussman
(Law Office of Marc I. Zussman)


Respondent

Mitchell J. Albert
(Albert & Will LLP)

Tara Ann LaClair
(Crowe & Dunlevy PC)


Facts

Ellen Brown filed a complaint against Neuberger Berman LLC and Merrill Lynch, Pierce, Fenner & Smith Inc. involving Brown's IRA Rollover accounts.

Damages

Brown sought compensatory damages of no less than $561,142; rescission; lost opportunity costs; attorney fees and costs; interest; punitive damages; and other relief.

Injuries

Brown asserted the following causes of action: unsuitability; breach of fiduciary duty; breach of written contract; fraud by misrepresentation and omission; elder abuse; failure to supervise and control' and violation of federal and state securities laws and statutory common laws, NASD Rules of Fair Practice and NYSE Rules.

Result

The Panel denied Brown's claims in its entirety. Her claims for relief were also denied.

Other Information

ARBITRATORS: Herbert L. Greenberg, Vincent J. Natoli Jr., Daniel R. Brush, CFP.


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