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Securities
Breach of Contract

Philip Harper and Amanda Harper as JTWROS; Adele Harper, Ray Laurence Hadley, GeNene Hansen and Robert James Hadley as Tenants in Common; Christopher D. Hansen and Christina A. Hansen as JTWROS; and Edwin Harper, Gary Hansen, Terry H. Hansen, Trevor Shuman, and Rick Tokita, each individually v. Health Shayne Bowen

Published: Mar. 1, 2019 | Result Date: Jan. 3, 2019 | Filing Date: Jun. 25, 2018 |

Case number: FINRA: 18-02355 Arbitration –  $385,000

Arbitrator

Paul E. Dahlman


Attorneys

Claimant

Robert L. Gonser
(Gonser Law PC)


Respondent

Tamara A. Seelman
(Gordon & Rees)


Facts

Claimants filed a claim against Heath Shayne Bowen in relation to a settlement agreement in a prior FINRA case.

Contentions

CLAIMANT'S CONTENTIONS: Claimants contended that their right to seek entry of a stipulated award was triggered because respondent defaulted on the settlement agreement.

RESPONDENT'S CONTENTIONS: Respondent contended that he was not a party to the settlement agreement and therefore could not have breached the agreement.

Result

The panel found that respondent was liable for compensatory damages in the amount of $385,000 pursuant to the stipulated award executed by respondent.

Other Information

ARBITRATORS: Paul E. Dahlman, presiding chairperson; Elwood C. Avery; James E. Bartels.


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