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Securities
Breach of Contract
Negligence

Melvin Dias, Evelyn Dias v. Pershing LLC

Published: Sep. 24, 2011 | Result Date: Jul. 11, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-00555 Arbitration –  $120,250

Court

FINRA


Attorneys

Claimant

Scott R. Shewan
(Pape & Shewan LLP)


Respondent

Nathan R. Jaskowiak
(Keesal, Young & Logan)

Gordon C. Young
(Barr & Young Attorneys)


Facts

Melvin and Evelyn Dias filed a complaint against Pershing LLC related to alleged unauthorized transfer of funds from their accounts. The claimants alleged causes of action against the clearing brokerage firm for breach of contract and negligence.

Damages

Claimants sought $481,000 plus interest in damages.

Result

The panel found Pershing liable to claimants for $120,250 in compensatory damages plus interest. The panel dismissed the negligence cause of action. All other relief was denied.

Other Information

Pershing has filed a petition to vacate the arbitration award. ARBITRATORS: Paul H. Lamboley, Cheryl R. Kershner, David M. Seidner.


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