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Employment Law
Labor Code Violation
Implied Contractual Indemnity, Equitable Indemnity

Hansueli Overturf v. Morgan Stanley & Co. Inc. fka Morgan Stanley DW Inc.

Published: May 8, 2010 | Result Date: Apr. 7, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 08-00303 Arbitration –  Respondent

Court

FINRA


Attorneys

Claimant

Timothy A. Canning


Respondent

Debra V. Achkire
(Morgan Stanley)


Facts

Claimant Hansueli Overturf filed a claim against respondent Morgan Stanley & Co. Inc, which was formerly known as Morgan Stanley DW Inc., requesting indemnification under California Labor Code Section 2802 and Corporations Code Section 317, implied contractual indemnity, and equitable indemnity.

Contentions

CLAIMANT' S CONTENTIONS:
Claimant contended that respondent did not reimburse him for money spent on defending himself against two civil lawsuits and a criminal action.

RESPONDENT'S CONTENTIONS:
Respondent denied that claimant was entitled to indemnity.

Damages

In the statement of claim, claimant sought $670,000 in compensatory damages, attorney fees, costs, and a substantive reimbursement paid to the district attorney's office, plus interest. At the hearing, claimant sought $350,000 in reimbursement, $403,709 in attorney fees and costs.

Result

The arbitration panel denied claimants' claims.

Other Information

ARBITRATORS: Ralph A. Cotton, Helen M. Blohm, Osei John Adoma.


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