Significant Recent Decisions
Jack G. Bair v. Merrill Lynch Pierce Fenner & Smith and Barry M. Barbush; NASD 05-04460; action for breach of fiduciary duty and unsuitability. This matter was settled following mediation held in Philadelphia, Pa., on December 30, 2005. While the terms are confidential, they may be viewed on Barry Barbush's CRD as available through the websites of NASD and the Pennsylvania Securities Commission.
Barbara Adams v. Michael A. Randall, State Farm VP Management Corp., and Lynne Little; York County Court of Common Pleas; 2005-SU-2318-Y01; action for breach of fiduciary duty and negligent supervision. Settled in favor of Plaintiff in May, 2006, in an amount to remain confidential. The financial terms may be determined by examining Michael Randall's CRD on the NASD web site or the Pennsylvania Securities Commission web site.
We litigate the claims of individual investors who have been wronged by their stockbroker or investment advisor.
Stockbroker misconduct comes in many forms. By number, the three largest complaints involve breach of fiduciary duty, negligence, and investment unsuitability. The unifying element of these complaints is the notion that the investor is not receiving appropriate recommendations given that investor's risk tolerance, investment sophistication, and financial circumstances. Every investor participates in a market that swings both ways, up and down. Losses from ordinary market forces are always a possibility. Losses resulting from broker inattention to your account are recoverable. Losses resulting from broker self-dealing are recoverable. Losses resulting from the broker's failure to tailor an investment plan consistent with your needs are recoverable.
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