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Securities
Breach of Fiduciary Duty
Fraudulent Misrepresentation

Kayla Ann Roderick Trust, Olive M. Lawrence Trust, Candace Roderick v. Merrill Lynch Pierce Fenner & Smith Inc.

Published: Mar. 31, 2012 | Result Date: Jan. 20, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 10-04306 Settlement –  Equitable Settlement

Court

FINRA


Attorneys

Claimant

Joseph S. Fogel
(Fogel & Associates)


Respondent

John K. Wells


Facts

Kayla Ann Roderick Trust, Olive M. Lawrence Trust, and Candace Roderick filed a claim against Merrill Lynch Pierce Fanner & Smith Inc. in relation to unspecified equity investments in managed accounts.

Contentions

CLAIMANT'S CONTENTIONS:
Claimants alleged breach of fiduciary duty, fraudulent misrepresentation, negligence, negligent supervision, unjust enrichment, and breach of contract.

RESPONDENT'S CONTENTIONS:
Respondent denied the allegations.

Damages

Claimants sought $203,007.10 in compensatory damages.

Result

The parties entered into a confidential settlement. The arbitration panel recommended expungement for an unnamed party, and determined that the claims alleged were false and erroneous. As part of the agreement, claimant did not act to oppose the respondent's request for expungement.

Other Information

ARBITRATORS: Mary C. Kelleher, James R. Collins, Christine Armstrong.


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