Bryan v. Slothower
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By Christopher G. Lazarini

*The purpose of the doctrine of election of remedies is to prevent double recovery for a single wrong.

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Claims of Unauthorized Trades Fail to Move Beyond the Pleading Stage: McClellon v. Wells Fargo
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By Paul J. Dubow

*A claim of unauthorized trading will be dismissed if the plaintiff fails to allege that he was injured thereby.

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Too Many Beneficiaries Spoil the Distribution — Leads to Interpleader: UBS Financial v. Aliberti
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By Christopher G. Lazarini

A financial institution holding a self-directed IRA owes no fiduciary duty to the account owner; however,

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Real Estate Investors Lose Opportunity to Sue Over Property By Waiting Too Long to Notify Defendants: NNN Durham Office Portfolio 1, LLC vs. Grubb & Ellis Co. & Grubb & Ellis Securities, Inc.
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By Jeremy Root

Under North Carolina law, where a contract gives a party a unilateral option to do something, such as excluding claims from a settlement,

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Prescription Issues Limit Louisiana Investor’s Claims Against Broker-Dealer: Patin v. Aegis Capital Corp.
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By Jack D. Ballard

*When a brokerage account loses half of its value, the account holder is put on notice of the need to investigate the reason for the loss.

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Securities Suit Settlement Agreement Unsettles Underwriter Indemnifier: Long Beach Securities Corp. v. NCUAB
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By Ben Suter

*A clause of a settlement agreement that protects a party against a third party who “successfully asserts” a claim requires more than voluntary settlement of that claim.

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