1. Ilona Meszaros v. Axial International Limited
Plaintiff, represented by Lax & Neville, was granted summary judgment on the issue of liability in a case for breach of an agreement regarding the sale of Plaintiff’s engagement ring.
2. Mintz & Gold, LLP v. Zimmerman, 102758/07: Decided March 30, 2010
Plaintiff, represented by Lax & Neville, successfully won an appeal determining that Plaintiff’s claims of malicious prosecution were not time barred.
3. Santanu Bhattacharya and Gargi Dasgupta vs. Chicago Investment Group LLC and Mitesh Shere
Claimants’ allegations of unauthorized trading, failure to execute, and negligence against Respondents were dismissed in their entirety. Respondent Shere was represented by Lax & Neville.
4. Madoff Class Action Adv. Pro. No. 09-1265(BRL)
On June 5, 2009, Lax & Neville filed a class action adversarial proceeding in the United States Bankruptcy Court for the Southern District of New York seeking to obtain a declaratory judgment, pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201, et seq., (i) that the Trustee's definition of "net equity" is incorrect as a matter of law, and (ii) that a customer's "net equity" under SIPA is the value of the securities reflected in the customer's Madoff account as of the SIPA filing date (even where the securities were never actually purchased) less any amounts the customer owes to Madoff. On June 16, 2010, the Second Circuit accepted the direct appeal of the net equity issue.
5. JLM Chemicals, Inc. v. Summit Resources Group, Inc. 08 Civ. 10296 Decided: April 24, 2009
Defendants' motion to dismiss granted and Plaintiff's motion to compel arbitration denied based on lack of personal jurisdiction over Defendant since Defendant did not receive invoices containing an arbitration provision until after litigation commenced. Defendant was represented by Lax & Neville.
6. Citigroup Global Markets, Inc. v. Joseph C. Delaura
Delaura, represented by Lax & Neville, successfully arbitrated Delaura’s claims for wrongful termination and abuse of the Form U-5 and the FINRA Arbitration Panel ordered Citigroup to amend the language contained on Delaura’s Form U-5.
7. Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2009 WL 129043 (S.D.N.Y. Jan. 20, 2009).
In a hedge fund's securities fraud action alleging that the seller entities deceitfully induced it to invest in a new public company, Lax & Neville, on the hedge fund's behalf, successfully moved to dismiss, for failure to state a claim, the seller's fraud and negligent misrepresentation counterclaims.
8. Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2008 WL 2902187 (S.D.N.Y. July 25, 2008).
In a hedge fund's securities fraud action alleging that the seller entities deceitfully induced it to invest in a new public company, Lax & Neville, on the hedge fund's behalf, successfully opposed the seller entity's motion to dismiss the complaint for failure to state a claim.
9. Frank H. Suits, Jr. et al. vs. Merrill Lynch Pierce Fenner & Smith, Inc. and Michael Keefe Gorman
NYSE No. 2006-016588
Claimant awarded $128,000 and costs against Merrill Lynch and the registered representative after Lax & Neville successfully arbitrated causes of action incuding unsuitable investment recommendations, violations of Self-Regulatory Organization Rules, breach of fiduciary duty, violation of the Securities Exchange act and failure to supervise regarding the sale of proprietary products by Respondent in Claimant's fee based account.
In a qui tam and retaliatory discharge action under the federal False Claims Act by a terminated executive of a federally funded social service agency, Lax & Neville, successfully opposed the defendant agency's summary judgment motion.
11. Westminster Securities Corp. and John O'Shea vs. HQ Sustainable Maritime Industries, Inc.
AAA No. 13 199 Y 00334 06
Respondent, a Chinese export company, was ordered to pay $528,234.00 to Westminster Securities Corp., an investment bank represented by Lax & Neville, pursuant to an operative placement agent agreement, as well as reprice HQ Sustainable Maritime Industry warrants owed to John O'Shea.
12. Mintz & Gold, LLP v. Zimmerman, 102758/07: Decided March 30, 2010
Defendant's motion to dismiss was denied pursuant to Civil Rights Law § 70 since Plaintiff, represented by Barry R. Lax, established that Defendant maliciously and vexatiously commenced a subsequent action after the New York Appellate Division stayed the initial proceeding to compel arbitration.
13. Claimant v. DEPFA Bank, plc Decided: March 22, 2007
In a JAMS arbitration, Claimant, represented by Barry R. Lax, was awarded $1.2 million in unpaid bonuses inclusive of interest and attorneys' fees from DEPFA Bank, plc.
14. McMahan Securities, Co. L.P. vs. Michael Shillan
NASD 04-05460
Shillan, who was represented by Brian J. Neville, wins $250,000 from his employer, McMahan Securities, Co. L.P., for violations of employment contract law and Florida's Labor Law.
15. Paul Fitzgerald v. Fahnestock & Co., Inc. and Oppenheimer & Co., Inc.
NYSE No. 2004-015875
Claimant, a former employee of Respondent, through the representation of Barry R. Lax, was awarded $436,000.00 based upon violations of New York Labor Law for Respondent's failure to pay Claimant wages and severance upon his termination.
16. Mitchell Slater v. Merrill Lynch, Pierce, Fenner & Smith. Inc. and Thomas Fickinger
NASD # 05-04072
Arbitration Panel ordered all references to the customer complaint at issue expunged from Claimant's Form U-5. Claimant was represented by Brian J. Neville.
17. Albert T. Jenks and Irena L. Jenks v. Securities of America, Inc. et. al.
NASD No. 03-05007
Claimants received $150,294 from Securities of America, Inc., and others, based upon its violation of various federal securities laws including 15 U.S.C. §78(j)(b) and Rule 10b-5 and violations of NASD Rules of Fair Practice and NYSE Rules. Claimants were represented by Brian J. Neville.
18. Gary Farber v. SunTrust Banks, Inc., et.al.
NYSE No. 2004-015608
Claimant, represented by Barry R. Lax, was awarded $130,000 for Sun Trust's breach of employment agreement, deprivation of severance pay and violation of New York Labor Law.
19. Lucille Banahan v. Wachovia Securities, Inc.
NASD No: 04-01979
Claimant, represented by Brian J. Neville in Florida, was awarded $135,000.00 for Wachovia Securities's unsuitable recommendations, breach of duty of care, fraud and negligent misrepresentation, violation of federal securities laws and industry rules, failure to supervise and respondeat superior regarding Claimant's investments in annuities, mutual funds and individual stocks.
20. Kenneth Irving v. Salomon Smith Barney, Michael Lent and William Lent
NYSE No. 2002-011137
Claimant, represented by Brian J. Neville, was awarded $325,000.00 based upon Respondents' unsuitable recommendations, fraud, misrepresentations, and various violations of federal securities laws.
21. Simerman v. Salomon Smith Barney, Prudential Securities and Patricia E. Selin
NASD No. 02-07640
Claimants, represented by Brian J. Neville, won $116,665.00 from the registered representative for unsuitable recommendations, violation of Section 10(b) of the Securities Exchange Act of 1934, violation of industry rules, and violation of Florida Securities Statutes.
22. George C. Grivas v. Kerry J. Dukes, et.al.
NASD No. 00-02709
Claimant, represented by Barry R. Lax, awarded $125,000.00 for Respondents violation of Virginia Securities Act, breach of contract, failure to supervise, control person liability and respondeat superior.
23. Stanley & Laja Shtupak v. JWGenesis Securities, Inc., et al.
NYSE No. 2001-008968
Genesis Securities was liable to Claimants, who were represented by Barry R. Lax, for $45,656.00 for unauthorized and unsuitable trading, and churning, in Claimants margin account.
