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Securities
Breach of Fiduciary Duty
Professional Negligence

Bonnie Bolle, individually and as executor of the Estate of Byron Bolle; Robin Richardson v. Merrill Lynch, Pierce, Fenner & Smith Inc.; Carlos Miranda

Published: Jan. 26, 2018 | Result Date: Dec. 20, 2017 | Filing Date: Oct. 10, 2015 |

Case number: FINRA: 15-02707 Arbitration –  $685,579

Arbitrator

Ralph A. Cotton


Attorneys

Claimant

Melinda J. Steuer
(Law Offices of Melinda Jane Steuer)


Respondent

Eric A. Herzog
(Locke Lord LLP)

Michelle L. Carter


Facts

Bonnie Bolle sued Merrill Lynch, Pierce, Fenner & Smith Inc. and Carlos Miranda.

Contentions

PLAINTIFF’S CONTENTIONS: Bolle’s causes of action against Merrill Lynch included restitution after rescission and breach of fiduciary duty. Bolle’s causes of action against all respondents included professional negligence, breach of fiduciary duty, and conversion. Bolle’s claims were related to a change in beneficiaries on annuities and a real property transfer.

DEFENDANTS’ CONTENTIONS: The defendants denied Bolle’s claims.

Damages

Bolle sought compensatory damages in an unspecified amount, rescission of the changes to the beneficiaries, attorney fees, and punitive and exemplary damages, among other things.

Result

Bolle was awarded $685,579.26, which included $627,041 compensatory damages, $18,811 in interest, and $39,727.26 in costs.

Other Information

ARBITRATORS: Ralph A. Cotton, presiding chairperson; Robert M. Smith; Philip Ho.


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