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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