Facts

Claimant Kathleen Chen filed a complaint against respondents Morgan Stanley DW Inc., Henry Auwinger, and Dennis Peterson. Her allegations involved various securities. Respondents filed a third-party claim against Kumar Singh. The dispute was heard by an NASD arbitration panel.

CONTENTIONS:
Claimant alleged breach of fiduciary duty, fraud, conspiracy, intentional misrepresentation, negligent misrepresentation, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision and civil conspiracy. Respondents denied the allegations and asserted various affirmative defenses. They also alleged that Singh was legally obligated to indemnify them for any liability imposed and that they were entitled to contribution from Singh based on his comparative fault.

Damages

Claimant sought $75,000 or more if proven for lost investments, damages for her emotional distress, general damages according to proof, punitive damages, attorney fees, prejudgment interest, costs, and any other relief deemed proper. Respondents sought dismissal of claimant's claim in its entirety, an award of indemnification against Singh, and any other relief deemed appropriate.

Result

Claimants claims were denied, as was the respondents' third-party claim. The parties each bore their respective costs.

Other Information

Claimant dismissed respondent Peterson as a party. Arbitrators: Cheryl R. Kershner, Jonathan Holman Hathaway and Bradley C. Mitchell.