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Torts
Breach of Contract
Breach of Promissory Note

Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Kim Tracy Nordmo

Published: Apr. 28, 2012 | Result Date: Mar. 26, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 10-01727 Arbitration –  $862,494

Court

FINRA


Attorneys

Claimant

Julianne L. Peck


Respondent

Mark J. Astarita


Facts

Merrill Lynch, Pierce, Fenner & Smith Inc. filed an arbitration claim against Kim Nordmo in relation to a promissory note executed by Nordmo. She filed a counterclaim.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant alleged breach of promissory note, breach of contract, and unjust enrichment.

RESPONDENT'S CONTENTIONS:
Respondent denied the claims, and in the counterclaim, alleged fraud and deceit, negligent misrepresentation, constructive fraud, intentional and negligent interference with prospective economic advantage, constructive discharge, breach of contract, and breach of the implied covenant of good faith and fair dealing.

Damages

Claimant sough $911,961 plus interest, and respondent sought compensatory damages believed to be over $3 million.

Result

The arbitration panel awarded claimant $862,494 plus interest, and rejected the counterclaim.

Other Information

ARBITRATORS: Ferdinand Schoch, Arocles Aguilar, Peter A. Sigal.


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