Duo Losing
to Merrill Lynch in Arbitration Find Chair
Worked For Merrill So SDNY Suit
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
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NY
Mag
SDNY COURTHOUSE,
April 10 – Adam and Daniel
Kaplan lost to Merrill Lynch
before to three person panel
of FINRA Deputy Resolution
Services arbitrators.
Then they found
out that the chair of panel,
Andrew Schmertz, had
previously been employed by
Merrill. They filed a lawsuit
to vacate the arbitral
decision.
On April 8, U.S. District
Court for the Southern
District of New York Judge
Edgardo Ramos held a
proceeding. Inner City Press
covered it.
Merrill
Lynch is arguing that it was
not timely served, that an
email to its lawyer is not
enough, citing Martin v.
Deutsche Bank Securities Inc.
676 Fed. Appx. 27 (2d Cir.
2017) (summary order).
This case is
Kaplan et al v. Merrill Lynch,
Pierce, Fenner & Smith
Inc., 22-cv-1333 (Ramos)
***
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