Wan Yu Luo v. Ameriprise Financial Inc. aka American Express Financial Corporation; Ameriprise Financial Services Inc.
Published: Nov. 10, 2017 | Result Date: Sep. 18, 2017 | Filing Date: Sep. 2, 2015 |Case number: FINRA: 15-02285 Arbitration – Respondent
Arbitrator
Attorneys
Claimant
Spencer J. Davidson
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Respondent
Chad E. Weaver
(Freeman, Mathis & Gary LLP)
for Ameriprise
Facts
Claimant Wan Yu Luo filed suit in connection with her financial advisor, Li-Lin Hsu. Respondents filed a third party claim against Hsu, asserting causes of action for equitable indemnity and implied indemnity.
Contentions
CLAIMANT'S CONTENTIONS: Claimant contended that respondents failed to notify her that Hsu, her financial advisor, was on suspension because of repeated violations of company policy and applicable law. She also claimed that Hsu misappropriated her funds.
Claimant asserted causes of action for breach of contract, breach of fiduciary duty, breach of the covenant of good faith and fair dealing, intentional misrepresentation/concealment, negligent misrepresentation/concealment, and negligent retention, training and supervision.
RESPONDENTS' CONTENTIONS: Respondents denied claimants' allegations and asserted various affirmative defenses. They also argued that Hsu concealed her actions so that respondents could not have reasonably discovered them.
Damages
Claimant sought $805,370 in damages.
Result
The arbitration panel found that Hsu was liable to respondents in the amount of $675,000.
Other Information
ARBITRATORS: Kirtley M. Thiesmeyer, presiding chairperson; Richard M. Norman; Lorraine Woodwark.
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