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Our research and testimony frequently result in awards, decisions and orders. See what our experts have been working on.

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East Tennessee Neurology, PC v Morgan Keegan - $484,357 (RMH, RSF, RMA, RHY) Award

In August 2010, a FINRA arbitration panel in Birmingham, AL ordered Morgan Keegan to pay $484,357 in damages including $115,689 in attorneys' fees and $52,413 in costs. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The panel found Morgan Keegan "liable for unsuitability, negligence and failure to supervise." The claims related to Claimants' investments in the RMK High Income Fund (RMH), RMK Strategic Income Fund (RSF), RMK Advantage Income Fund (RMA) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Miniaci v Morgan Keegan - $1,080,000 (MKIBX, RMA, RHY) Award

In June 2010, a FINRA arbitration panel in Ft. Lauderdale, FL ordered Morgan Keegan to pay $1,080,000 in damages. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The panel found Morgan Keegan "liable for unsuitability, negligence and failure to supervise." The claims related to Claimants' investments in the RMK Select Intermediate Bond Fund (MKIBX), RMK Advantage Income Fund (RMA) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Christianson v Morgan Keegan - $247,557 (RHY, MKHIX) Award

In June 2010, a FINRA arbitration panel in Denver, CO ordered Morgan Keegan to pay $247,557 in damages. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The panel found Morgan Keegan "liable for unsuitability, negligence and failure to supervise." The claims related to Claimants' investments in the RMK Select High Income Fund (MKHIX) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Cobb et al v Morgan Keegan - $1,100,000 (MKHIX, RMH, RMA, RSF, RHY) Award

In February 2010, a FINRA arbitration panel in Birmingham, AL ordered Morgan Keegan to pay $1,100,000 in damages. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The panel found Morgan Keegan liable for "misrepresentation and failure to disclose the true nature of the RMK funds." The claims related to Claimants' investments in the RMK Select High Income Fund (MKHIX), RMK High Income Fund (RMH), RMK Advantage Income Fund (RMA), RMK Strategic Income Fund (RSF) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Stein et al v Morgan Keegan - $2,500,000 (MKHIX, RMA, RSF, RHY) Award

In February 2010, a FINRA arbitration panel in Boca Raton, FL ordered Morgan Keegan to pay $2,500,000 in damages. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The panel found Morgan Keegan "liable for unsuitability, negligence and failure to supervise." The claims related to Claimants' investments in the RMK Select High Income Fund (MKHIX), RMK Advantage Income Fund (RMA), RMK Strategic Income Fund (RSF) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Wade et al v Morgan Keegan - $370,000 (MKHIX, MKIBX, RMH, RSF, RHY) Award

In November 2009, a FINRA arbitration panel in Birmingham, AL ordered Morgan Keegan to pay $370,000 in damages. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The claims related to Claimants' investments in the RMK Select High Income Fund (MKHIX), RMK Select Intermediate Bond Fund (MKIBX), RMK High Income Fund (RMH), RMK Strategic Income Fund (RSF) and RMK Multi-Sector High Income Fund (RHY). Dr. O'Neal testified on behalf of the Claimants.

Smythe et al v Morgan Keegan - $1,000,000 (MKIBX, RSF, RMA, RHY) Award

In November 2009, a FINRA arbitration panel in Memphis, TN ordered Morgan Keegan to pay $803,000 in damages including $20,000 in expert witness fees and pre-judgment interest at the rate of 6% per annum. The panel also assessed $195,160 in attorneys' fees. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The claims related to Claimants' investments in the RMK Select Intermediate Bond Fund (MKIBX), RMK Strategic Income Fund (RSF), RMK Advantage Income Fund (RMA) and RMK Multi-Sector High Income Fund (RHY). Dr. McCann testified on behalf of the Claimants.

Crow et al v Morgan Keegan - $148,000 (MKIBX) Award

In September 2009, a FINRA arbitration panel in Birmingham, AL ordered Morgan Keegan to pay $148,000 in damages including expert witness fees. The panel also assessed $30,825 in forum fees to the Respondents. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The claims related to Claimants' investments in the RMK Select Intermediate Bond Fund (MKIBX). Dr. McCann testified on behalf of the Claimants.

United Prison Ministries v Morgan Keegan - $220,000 (MKHIX) Award

In June 2009, a FINRA arbitration panel in Birmingham, AL ordered Morgan Keegan to pay $220,000 in damages including $20,000 in expert witness fees. The award was made after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, violated the Alabama Securities Act, failed to suitably invest Claimants' accounts, and failed to supervise Claimants' accounts. The claims related to Claimants' investments in the RMK Select High Income Fund (MKHIX). Dr. O'Neal testified on behalf of the Claimant.

Klosky v Morgan Keegan - $134,000 (RMH, RSF, RMA, RHY, MKHIX, MKIBX) Award

In June 2009, a FINRA arbitration panel in Memphis, TN ordered Morgan Keegan to pay $134,000 in damages after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties, violated Tennessee Blue Sky Laws and the Tennessee Consumer Protection Act and committed common law fraud and misrepresentation. The claims related to Claimants' investments in the RMK Intermediate Bond Fund (MKIBX). Dr. O'Neal testified on behalf of the Claimant.

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