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Contracts
Breach of Contract
Breach of Implied Covenant of Good Faith and Fair Dealing

Bambi Iris Holzer v. Wedbush Securities Inc.

Published: Nov. 12, 2016 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 15-00351 Arbitration –  Defense

Court

FINRA


Attorneys

Claimant

Heather Marie Davis
(Protection Law Group LLP)


Respondent

John L. Erikson Jr.
(Wedbush Securities Inc.)


Facts

Claimant was a stockbroker who claimed that she had been intentionally misclassified as an independent contractor.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant contended that respondent violated the law relating to her association with it and that she was entitled to expenses incurred relating to legal claims asserted against her by her clients. Claimant asserted causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, violation of California Labor Code section 2802, unfair business practices in violation of California Business and Professions Code section 17200, estoppel, and fraudulent inducement.

RESPONDENT'S CONTENTIONS:
Respondent denied claimant's allegations and asserted counterclaims against claimant for breach of contract, contractual indemnity, and equitable indemnity. Respondent's counterclaims were for indemnity arising from third-party claims brought by claimant's former clients.

Damages

According to defense, claimant sought more than $10,000,000 in damages, in the amounts of $200,000 for misclassification as independent contractor, $1,194,780 for reimbursement for arbitration awards, $536,573.62 in interest on arbitration awards, $402,567.63 for attorney fees, $125,018.34 for interest on attorney fees, $3,000,000 for emotional distress damages, and $5,000,000 in punitive damages, for a total of $10,458,939.59 in damages.

Result

The arbitration panel denied claimant's claims in their entirety and respondent's counterclaims in their entirety.

Other Information

ARBITRATORS: Jeffrey L. Malek, Richard A. Stephens, Andrew C. Wahrenbrock.


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