Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendants moved to compel arbitration and for a stay pending arbitration following allegations that the defendant violated duties to an investment plan...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff filed a FINRA arbitration against his broker alleging suitability, breach of fiduciary duty, fraud, failure to supervise, and other claims. The...more
8/16/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Brokers ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Individual Retirement Account (IRA) ,
Motion to Compel ,
Motion To Stay
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case that was dismissed following several missteps by the plaintiff during the discovery process. Since the plaintiff clearly demonstrated discovery abuse, the...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the plaintiff sued UBS for mismanagement of his deceased mother's estate. The plaintiff challenged the validity of the arbitration agreement arguing that...more
6/27/2018
/ Arbitration ,
Arbitration Agreements ,
Equitable Estoppel ,
Estate Claims ,
Mismanagement ,
Motion to Compel ,
Non-Signatories ,
Pre-Dispute Arbitration ,
Securities Exchange Act ,
Third-Party Beneficiaries ,
Uniform Commercial Code (UCC) ,
Validity
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving a Plaintiff's suit against a broker-dealer involving his deceased mother's IRA account. Although Plaintiff was a non-signatory to the IRA account...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration. The factors, which are tied to potential prejudice...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a widow and one-time named beneficiary of her husband's IRA account acquired the account assets after her husband's death, although she was not...more
Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more
11/22/2016
/ Arbitration Agreements ,
Contract of Adhesion ,
Discovery ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Filing Deadlines ,
FRCP 38 ,
Individual Retirement Account (IRA) ,
Jury Trial ,
Mediation ,
MetLife ,
Misappropriation ,
Motion to Compel ,
Right to a Jury