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Securities
Breach of Fiduciary Duty
Unsuitability

Michael L. Kennedy 1998 Trust v. Berthel, Fisher & Company Financial Services Inc.

Published: May 28, 2016 | Result Date: Mar. 16, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 15-01634 Arbitration –  Dismissal

Court

FINRA


Attorneys

Claimant

Adam J. Gana
(Gana Weinstein LLP)


Respondent

Brandon S. Reif
(Reif Law Group PC)

Rebecca E. Maclaren
(Reif Law Group PC)


Facts

Claimant Michael L. Kennedy 1998 Trust brought claims against defendant Berthel, Fisher & Company Financial Services Inc.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant contended that respondent violated the law relating to his investments in nine tenants-in-common. Claimant asserted causes of action for breach of contract, breach of fiduciary duty, unsuitability, common law fraud, violation of the California Corporations Code, violations of FINRA Rules, negligent supervision, respondeat superior, and the sale of unregistered securities.

RESPONDENT'S CONTENTIONS:
Respondent denied claimant's contentions and asserted various affirmative defenses.

Damages

Claimant sought $7 million in compensatory damages.

Result

The arbitration panel dismissed claimant's claims.


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