Richard J. Finelli v. Eaton Vance Distributors Inc.
Published: Feb. 21, 2015 | Result Date: Jan. 5, 2015 | Filing Date: Jan. 1, 1900 |Case number: 10-01701 Arbitration – Claimant
Court
FINRA
Attorneys
Claimant
Michael Blumenfeld
(Freeman Freeman & Smiley LLP)
Robert J. Girard
(Girard Bengali APC)
Respondent
Facts
Richard Finelli filed a complaint against his former employer, Eaton Vance Distributors Inc.
Contentions
COMPLAINANT'S CONTENTIONS:
Complainant alleged that he was wrongfully terminated and sued respondent for constructive termination, violation of the Whistleblower Retaliation provision of the Sarbanes-Oxley Act, fraudulent misrepresentations, violation of the California Labor Code, violation of the California Business & Professions Code Section 17200, liability under the Fair Labor Standards Act, an accounting, and slander.
RESPONDENT'S CONTENTIONS:
Respondent denied the allegations and asserted various affirmative defenses. Additionally, respondent moved to dismiss the complaint.
Damages
Finelli sought no less than $100,000 in compensatory damages, attorney fees and costs, interest, and punitive damages.
Result
The FINRA Panel found Eaton Vance liable to Finelli for $45,000 in compensatory damages. The Panel denied all other relief.
Other Information
ARBITRATORS: Richard J. Stall Jr., Carolyn V. Quadt, and Russell T. Doe. FILING DATE: April 9, 2010.
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