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.

Employment Law
Wrongful Termination
Defamation

Henry C. Stockman v. Bear Stearns & Co. Inc.

Published: Dec. 15, 2007 | Result Date: Oct. 24, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 06-04496 Arbitration –  Claimant's claims were denied.

Court

Arbitration Forum


Attorneys

Claimant

William M. Ziering


Respondent

Gilbert R. Serota
(Arnold & Porter Kaye Scholer LLP)


Facts

Henry Stockman filed a complaint to recover damages as a result of allegedly false and defamatory information that Bear Stearns Inc. caused to be published about him in his Uniform Termination Notice for securities Industry Registration (U-5), filed in the Central Registration Depository.

The claimant alleged defamation and wrongful termination.

The respondent denied claimant's allegations and any liability to claimant. The respondent also asserted various affirmative defenses.

Injuries

On his defamation cause of action, claimant requested at least $1 million in general damages according to proof, at least $1 million in special damages according to proof, punitive damages, attorney fees, costs of suit, an Order of Expungement of the allegedly defamatory statements from the CRD, and such other relief deemed proper. On his wrongful termination cause of action, claimant requested at least $1 million in general damages according to proof, including lost earnings and employment benefits for breach of contract, at least $1 million in compensatory damages, according to proof, including lost earnings and employment benefits, interest on the lost earnings and benefits at a rate of 10 percent from April 4, 2006, punitive damages, attorney fees, and such other relief deemed proper. Claimant later filed an Amended Statement of Claim, in which he requested at least $1 million in general damages according to proof, at least $1 million in special damages according to proof, punitive damages, attorney fees, costs of suit, and Order of Expungement, and such other relief deemed proper on his first cause of action. On his second cause of action, claimant requested at least $1 million in general damages for breach of contract, including lost earnings and other employment benefits according to proof, compensatory damages according to proof including lost earnings and other employment benefits of at least $1 million, interest on the lost earnings and benefits at a rate of 10 percent from April 4, 2006, punitive damages, attorney fees, and such other relief deemed proper. Respondents requested an order dismissing claimant's claims and assessing all costs against claimant.

Result

The claimant dismissed his claims for wrongful termination and defamation. His requests for expungement and punitive damages were denied. Each party bore their respective costs.

Other Information

ARBITRATORS: Paul F. Faberman, Public Arbitrator, Chairperson; Kathryn J. Toronto, Public Arbitrator; Homer L. Davis, III, Non-Public Arbitrator.


#117115

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

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