This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Breach of Fiduciary Duty
Unsuitability, Equitable Rescission

Ellen E. Robertson v. Morgan Stanley Smith Barney LLC, James L. Harvey

Published: Jan. 12, 2018 | Result Date: Aug. 2, 2017 | Filing Date: Jul. 6, 2016 |

Case number: FINRA 16-01949 Arbitration –  Expungement

Arbitrator

David A. Schuler


Attorneys

Claimant

Richard H. Elliott
(Law Office of Richard H. Elliott)


Respondent

Jeffrey P. Palmer
(Greenberg Traurig LLP)


Facts

Claimant filed a statement of claim against respondents relating to her investment portfolio.

Contentions

CLAIMANT'S CONTENTIONS: Claimant contended that respondent Harvey made unsuitable recommendations, resulting in her portfolio being comprised of junk bonds.

She asserted causes of action for negligence, negligent misrepresentation, breach of fiduciary duty, breach of contract, unsuitability, equitable rescission, failure to supervise, control person liability, statutory fraud, respondeat superior and violations of Texas law.

RESPONDENTS’ CONTENTIONS: Respondents denied claimants’ allegations and asserted various affirmative defenses.

Result

The arbitration panel denied claimant’s claims in their entirety and recommended expungement of all references to the arbitration from Harvey’s registration records.

Other Information

ARBITRATORS: David A. Schuler, presiding chairperson; James D. Haigh; Robert C. Denenberg.


#128257

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390