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Securities
Breach of Contract
Violation of FINRA Rules

NestWorth Inc. v. Prager & Co. LLC

Published: Aug. 9, 2014 | Result Date: Jul. 10, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 13-01531 Arbitration –  Dismissal

Court

FINRA


Attorneys

Claimant

Jonathan Polland

Paul M. Gordon


Respondent

Michael Starkey

Joel D. Adler


Facts

NestWorth Inc. filed a complaint against Prager & Co. LLC, in connection with an agreement for investment in banking services between the parties. Prager filed a counter-claim against NestWorth.

Contentions

COMPLAINANT/COUNTER-RESPONDENT'S CONTENTIONS:
Complainant asserted causes of action for breach of contract and violation of FINRA rules, rescission, and breach of contract. In response to Prager's counter-claim, complainant denied Prager's allegations and asserted various affirmative defenses.

RESPONDENT/COUNTER-CLAIMANT'S CONTENTIONS:
Prager denied complainant's allegations, and asserted various affirmative defenses. In its counter-claim, it asserted causes of action for breach of contract, book account, account stated, and quantum meruit.

Damages

Complainant sought, among others, a rescission of the agreement. Prager, in its counter-claim, sought $85,293 in damages, plus interest, and costs.

Result

The FINRA Panel denied NestWorth's claims in their entirety. The Panel likewise denied Prager's counter-claims in their entirety. Moreover, the Panel denied any and all relief.


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