CASE NO. 11-00726
Antietam Industries, Inc., William Warfel and Janice Warfel v. Morgan Keegan & Co., Inc.
Erez Law recovered punitive damages of $100,000, compensatory damages in the amount of $100,000, costs of $32,735 and the entitlement to attorneys’ fees against Morgan Keegan in connection with the sale of the RMK Funds. The award of punitive damages was based upon a finding that Morgan Keegan “was guilty if intentional misconduct or gross negligence in its communication to its broker and the Claimants [investors] of the true nature of the RMK Investments…” The arbitrators also awarded our clients the right to obtain attorneys’ fees under F.S. 57.105, because Morgan Keegan’s contract with all of its clients provides that Morgan Keegan is entitled to attorneys’ fees if it successfully defends a claim by its clients. Florida law renders Morgan Keegan’s one way attorneys’ fee provision reciprocal.