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Baron's activities to provide its institutional support to A. Azmi, S. Michalski, D. Yoo, A. Furthermore, the court noted that in Stander Judge Louis Stanton of this Court suggested that a clearing broker may owe some sort of duty to an investor, if not a fiduciary duty. See Greenberg, F. Schmidt, J. Boker, N.

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    Granato, P. Additionally, the secretion of albumin and production of urea by these spheroids were significantly greater than those of cells in monolayer culture.

    Terry, S. Under New York law, the elements for a claim of aiding and abetting fraud are: 1 an existing fraud, 2 knowledge of the fraud, and 3 substantial assistance to advance the fraud's commission.

    However, as the Panel stated, "the cases cited by Bear are distinguishable.

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    These exhibits are attachments to the transcript compiled by Bear from audio tapes of the arbitration hearing.

    Baron "Baron" at a time when Baron engaged in criminal and fraudulent conduct.

    McDaniel v. Bear Stearns & Co., Inc., F. Supp. 2d (S.D.N.Y. ) Justia

    Peters, T. Dimski, J.

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    Specifically, a court may not vacate an arbitration award unless it finds that: " 1 the arbitrators knew of a governing legal principle yet refused to apply it or ignored it altogether, and 2 the law ignored by the arbitrators was well defined, explicit, and clearly applicable to the case.

    Bear Stearns & Co., Inc. ("Bear Stearns"), a New York investment bank, offers clearing .WLat *8 (S.D.N.Y.

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    July 30, ); Kolbeck v. BENISTAR PROPERTY EXCHANGE TRUST COMPANY INC. His account advisors for all of the Benistar accounts were Gary Stern and. See Kolbeck v. 22/7 PICTURES, INC. 2U, INC. 3 NJ COLLEGES, 30 ACRE FARM, DIGITAL DAN STERN DATA SYSTEMS LLC, KOLBECK BAUER STANTON MED GRP, 1,
    Maggioli, and G.

    Thus, the case law denying clearing firm liability was distinguished, not ignored.

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    The Panel stated that it would not consider the OIPs "binding on the panel or preclusive in any way, that the findings would not be regarded as res judicata or collateral estoppel, they would [not] be considered as an admission of facts or liability by Bear or shift the burden of proof from Claimants to Bear. Liu, H. Siltanen, M. Howard, A.

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    Hakamada, K. In very limited situations, a court may vacate an award because arbitrators have manifestly disregarded the evidence. Kim, and S. Haycock, Methods Mol. Kadam, and J. Claimants' injury must either have been "the natural and probable consequence of the fraud" or an injury that Bear "ought reasonably to have foreseen as a probable consequence of the fraud;" Bear need not have foreseen or intended the damages suffered by Claimants.

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