In Statements of Claim filed in July 2011, Claimant UBS asserted breach of contract; common count for money lent; common count for account stated; and unjust enrichment concerning separate November 2008 promissory notes. Claimant UBS sought against Respondent Kirwan and Respondent Meninger, $300,407.85 and $185,287.19, respectively, in compensatory damages plus interest, costs, attorneys’ fees, and other fees. In the Matter of the FINRA Arbitration Between UBS Financial Services Inc., Claimant/Counter-Respondent vs. James P. Kirwan, Respondent/Counter-Claimant – AND – Joanne M. Meninger, Claimant/Counter-Respondent (FINRA Consolidated Case Number; 11-02752 (consolidated with –02753), April 4, 2013). SIDE BAR: On May 2, 2012, Respondent Kirwan and Respondent Meninger filed a Motion to Consolidate FINRA Arbitrations 11-02752 and 11-02753; following opposition from UBS, the FINRA Arbitration Panel granted the motion on June 20, 2012. Respondent Kirwan and Respondent Meninger generally denied the allegations, asserted various affirmative defenses, and filed Counterclaims asserting breach of contract. Separately, Counterclaimant Meninger alleged that she did not receive any paychecks for commissions during her former UBS employment. …read more
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