Arbitrator Due Diligence

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View these summaries of just-released Awards, hot off the press, as well as some selected Awards of interest.

UPDATE: ARBchek UA 2025-20 SELECTED AWARDS OF INTEREST

1. Wells Fargo v. Lanier FINRA ID #24-01887 (Raleigh, NC, 2025-08-15) – An Arbitrator explains why he has decided to award Claimant broker-dealer damages relating to the amounts due and owing under three promissory note agreements. With respect to Respondent broker's Counterclaim, although voluntarily withdrawn with prejudice, the Arbitrator found that said broker is not entitled to an offset in this award with respect to the promissory notes or deferred compensation relating to his 401K and IRA accounts.

2. Yokley Investments v. Centaurus Financial FINRA ID #24-01490 (Oklahoma City, OK, 2025-08-14) – A group of customers (Individually and as Trustees) alleging that their investment in the Allianz Flexible Purchase Payment Variable Deferred Annuity Contract was inappropriate for their objectives and seeking $12.5 million in damages lose their case on statute of limitation grounds (FINRA Rule 12206 - Six-year Eligibility Rule).

3. Schmeling v. Charles Schwab FINRA ID #25-00486 (Nashville, TN, 2025-08-15) – A customer alleging disability discrimination under the Americans with Disabilities Act Title III, 42 USC §12182 relating to Respondent broker-dealer's alleged failure to accommodate his hearing impairment and for financial losses as a result of failures on its online trading platform loses his case.

4. Ratliff v. TD Ameritrade FINRA ID #23-02135 (Houston, TX, 2025-08-14) – A Panel denies a broker's request for reformation of alleged defamatory information from his Form U5 record as a sanction (pursuant to FINRA Rule 13212(c) - Discovery Sanctions for Industry Disputes) for his failure to comply with various discovery requests and/or produce documents pursuant to the Panel's Orders in response to Respondent broker-dealer's Motion to Compel.

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