Chad W. Whitmore and Susan L. Whitmore, TTEES, C&S Whitmore Living Trust v. D.A. Davidson & Co.
Published: Dec. 14, 2018 | Result Date: Nov. 20, 2018 | Filing Date: Feb. 4, 2016 |Case number: FINRA: 16-00354 Arbitration – $783,287
Arbitrator
Attorneys
Claimant
Patricia L. Vannoy
(Mattson Ricketts Law Firm)
David Gaba
(Compass Law Group )
Respondent
Elizabeth A. Lowery
(Freeman, Mathis & Gary LLP)
Facts
Chad Whitmore and Susan Whitmore filed an arbitration claim against D.A. Davidson & Co. in relation to his investment of bonds.
Contentions
CLAIMANTS' CONTENTIONS: The Whitmores contended that they purchased improper and unsuitable bonds based on respondent's misrepresentations. Claimants asserted causes of action for fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, negligence, negligent supervision, negligent communication with claimants, and negligent provision of investment advice. Furthermore, The Whitmores contended that respondent violated the Securities Act of Nebraska. Lastly, The Whitmores contended respondent breached its fiduciary duty, and breached its contract.
RESPONDENT'S CONTENTIONS: Respondent denied the allegations.
Result
The panel found respondent liable and respondent was ordered to pay $783,286.94 to the Whitmores. Additionally, the panel ordered respondent to pay attorney fees of $120,000 and costs of $46,865.
Other Information
ARBITRATORS: Charles G. Michaels, presiding chairperson, Ruth M. Moore, Dennis C. Moore Jr.
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