Dwight Jay Hansen IRA, Dwight Jay Hansen, Julie B. Hansen, Hansen's Grain Inc. v. Allegis Investment Services LLC, Heath Shayne Bowen, Brandon Curt Stimpson, TD Ameritrade Inc.
Published: Feb. 2, 2018 | Result Date: Dec. 19, 2017 | Filing Date: Jan. 13, 2017 |Case number: FINRA: 17-00135 Arbitration – Dismissal
Arbitrator
Attorneys
Claimant
Robert L. Gonser
(Gonser Law PC)
Respondent
Tamara A. Seelman
(Gordon & Rees)
for Heath Shayne Bowen, Brandon Curt Stimpson
Dana S. Gloor
for TD Ameritrade Inc.
Facts
A dispute arose in connection with securities transactions. Said transactions were unspecified and allegedly unsuitable.
Contentions
PLAINTIFFS' CONTENTIONS: Several claims were asserted by the claimants, including negligence, breach of fiduciary duty of loyalty, fraud, control person liability, breach of contract, and several federal and state securities statutes.
DEFENDANTS' CONTENTIONS: The respondents denied the claimants' allegations, and various defenses were proffered. The respondents requested all claims against them be dismissed.
Damages
In total, the claimants requested minimum compensatory damages of $380,000, plus interests and costs. The claimants also asserted a request for damages due to lost opportunity.
Result
The panel found that the claimants could not resolve the matter utilizing arbitration pursuant to the FINRA because there was no FINRA jurisdiction. Here, the claimants were not customers of a FINRA member. The claims against the respondents were dismissed.
Other Information
Claimant is free to pursue claims in AAA. ARBITRATORS: G.E. Craig Doupe, presiding chairperson; Larry T. Coady; Michael D. Briggs.
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