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Contracts
Fraud
Breach of the Covenant of Good Faith and Fair Dealing

Richard Mark Sampson v. Capmark Securities Inc.

Published: Jul. 10, 2010 | Result Date: Jun. 9, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 09-00116 Arbitration –  $641,833

Court

FINRA


Attorneys

Claimant

James A. Shalvoy


Respondent

John V. McDermott


Facts

Plaintiff Richard Sampson was employed by defendant Capmark Securities Inc., and the parties entered into arbitration following Sampson's termination.

Contentions

CLAIMANT'S CONTENTIONS:
Sampson alleged breach of contract, breach of the covenant of good faith and fair dealing, fraud, and unfair business practices.

RESPONDENT'S CONTENTIONS:
Capmark denied the allegations, asserting various affirmative defenses.

Damages

Sampson sought $2,675,921 in compensatory damages, as well as attorney fees, costs, punitive damages, and interest.

Result

The arbitration panel found Capmark liable, awarding Sampson $629,133 in compensatory damages for his PMSRLP claim, as well as $12,700 for his accrued vacation claim.

Other Information

ARBITRATORS: Steven A. Wawra, Victoria E. Johnson, Grace L. Heyne.


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