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Supreme Court Smacks Down West Virginia's Challenge to Arbitration of Wrongful Death Cases
February 24, 2012 @ 2:39 pm
   

State courts must enforce arbitration agreements pursuant to the Federal Arbi­tration Act (FAA) regardless of public policy concerns or conflicting state laws, the U.S. Supreme Court has held in Marmet Health Care Center Inc. v. Brown, in a per curiam opinion entered Feb. 21.

The ruling vacated a decision by West Virginia's Supreme Court of Appeals that said compelled arbitration was unenforceable in a trio of consolidated suits against nursing homes for personal injury ...

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FINRA Says Charles Schwab & Co. Violated Rules with Class-Action Waiver
February 3, 2012 @ 6:52 pm
   

Charles Schwab & Co. violated regulatory rules by requiring customers to sign a contract with a provision waiving their rights to bring class actions against the firm, according to a complaint filed by the Financial Industry Regulatory Authority (FINRA) on Feb. 1

Schwab is one of the nation’s largest discount brokerage firms, with more than 340 offices nationwide that together employ about 7,000 brokers. It has been a member of FINRA since 1970.

The firm amen...

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Are Public Arbitrators Are More Likely to Award Damages than Those with Financial Expertise?
February 1, 2012 @ 11:02 am
   

Back in October 2008, the Financial Industry Regulatory Authority (FINRA) launched a pilot program to gauge the interest investors might have in arbitrating their claims before a panel composed solely of public arbitrators, instead of two public arbitrators and one arbitrator from within the financial industry, as was normally the case.

Data from the pilot program show that all-public panels awarded investors damages in 65 percent of the cases that resulted in awards, as opposed to 49 percent of the non-pilot program cases in 2009 and 48 perc...

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Merrill Lynch Fined $1 Million For Dodging Arbitration Mandated by FINRA
January 25, 2012 @ 1:23 pm
   

Merrill Lynch Pierce Fenner & Smith has been censured and fined $1 million for its failure to arbitrate disputes with its employees over retention bonuses.

The fine was part of a settlement with Merrill Lynch announced by the Financial Industry Regulatory Authority (FINRA) on Jan 25. A full-service broker-dealer with its principal offices located in New York, Merrill Lynch has been a FINRA member firm since 1937. The firm employs over 31,000 registered brokers and maintains over 1,200 branch offices.

FINRA said Merrill Lynch im...

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Former Red Sox Catcher Scores $1.2 Million Arbitration Award from Merrill Lynch
January 25, 2012 @ 12:38 pm
   

Doug Mirabelli, a former catcher for the Boston Red Sox, was awarded more than $1.2 million in arbitration against brokerage firm Merrill Lynch after claiming that the firm sank his money in inappropriate investments and made unsuitable recommendations, according to a Jan. 23 report by Reuters.

On Jan. 13, an arbitration panel of the Financial Industry Regulatory Authority (FINRA) ruled that Merrill L...

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