customer makes $; broker gets sued

[excal]

Is there damage when there is no loss? Can someone sue when there is no damage?


[This message has been edited by excal (edited July 06, 2000).]

 

[ALawyer]

They can sue but they have to have damages to win a recovery -- and I omise you that if I were his lawyer I would be able to suggest possible damages for him (market went up so it should have been $1 million; taxes wiped out 46% of gain, etc.) that would withstand a motion to dismiss and require you to go to trial or get a settlement -- Didn't you have him sign an NASD form arbitration agreement?

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[excal]

Surprised to read that not making more profit is damage...i could sue most mutual fund managers for damages on this premise...the account outperformed the S&P in this case.

Also surprised to read that paying tax is damage. When one makes a profit, the law says one must pay tax, yes?... in this case it was long-term capital gain.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
They can sue but they have to have damages to win a recovery -- and I omise you that if I were his lawyer I would be able to suggest possible damages for him (market went up so it should have been $1 million; taxes wiped out 46% of gain, etc.) that would withstand a motion to dismiss and require you to go to trial or get a settlement -- Didn't you have him sign an NASD form arbitration agreement?

<HR></BLOCKQUOTE>



[This message has been edited by excal (edited July 06, 2000).]