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Securities
Breach of Fiduciary Duty
Breach of Partnership Agreement

Robert Scott Rose v. Sanah Chung, John Breckenridge Barnes

Published: Apr. 10, 2010 | Result Date: Mar. 12, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 07-00469 Arbitration –  Respondent

Court

FINRA


Attorneys

Claimant

Philip D. Dapeer


Respondent

Melanie L. Ronen
(Stradley Ronon Stevens & Young, LL)


Facts

Claimant Robert Rose entered arbitration with respondents Sanah Chung and John Barnes regarding a dispute arising out of a commission sharing arrangement between them.

Contentions

CLAIMANT'S CONTENTIONS:
Rose claimed breach of fiduciary duty, conversion, fraud, repudiation of partnership contract and conversion of partnership assets by partner. Rose further alleged dissolution of partnership, winding up and accounting of partnership affairs, as well as declaratory relief.

RESPONDENT'S CONTENTIONS:
Chung and Barnes denied the allegations and asserted various defenses.

Damages

Rose sought consequential and incidental damages, punitive damages, interest, a decree of accounting of the partnership business and affairs, decree of dissolution and winding up of the partnership, and a judgment for amount found to be due as a result of the accounting. Rose further sought declaration of rights, interest and duties, including a declaration that Chung and Barnes wrongfully caused dissolution, as well as costs, and attorney fees.

Result

The panel of arbitrators denied Rose's claims in their entirety.

Other Information

ARBITRATORS: Kirtley M. Thiesmeyer, Kendall C. Reed, Robert Bruce MacDonald.


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