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Justia Weekly Opinion Summaries

Professional Malpractice & Ethics
July 31, 2020

Table of Contents

Carrick v. Turner

Civil Procedure, Professional Malpractice & Ethics

Supreme Court of Mississippi

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Dear House Judiciary Committee: In Questioning William Barr, Employ the Ethics Complaint That 27 Distinguished DC Lawyers Filed Wednesday

FREDERICK BARON, DENNIS AFTERGUT, AUSTIN SARAT

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Frederick Baron, former associate deputy attorney general and director of the Executive Office for National Security in the Department of Justice, Dennis Aftergut, a former federal prosecutor, and Austin Sarat, Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College, call upon the House Judiciary Committee to carefully read the ethics complaint by 27 distinguished DC lawyers against William Barr before questioning him today, July 28, 2020.

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Professional Malpractice & Ethics Opinions

Carrick v. Turner

Court: Supreme Court of Mississippi

Citation: 2019-CA-00617-SCT

Opinion Date: July 30, 2020

Judge: Leslie D. King

Areas of Law: Civil Procedure, Professional Malpractice & Ethics

Bettye Turner invested approximately $2 million into a securities brokerage account that was created and managed by David Carrick, an investment broker then employed with Morgan Stanley Smith Barney (Morgan Stanley). Carrick later worked for Stern, Agee & Leach, Inc. (Stern Agee). Turner and Carrick signed an Account Application in order to transfer Turner’s funds to a Stern Agee account. The Account Application incorporated by reference a Client Account Agreement that contained an arbitration provision. Eventually, Stifel, Nicolaus & Company, Inc. (Stifel), acquired and merged with Stern Agee. Turner filed a lawsuit against Carrick and Stifel alleging negligent management and supervision of her investment account. Carrick and Stifel moved to compel arbitration. The trial court denied their motion to compel arbitration, and Carrick and Stifel appealed. Because the trial court erred by failing to compel arbitration, the Mississippi Supreme Court reversed the trial court’s judgment and remanded the case to the trial court for further proceedings.

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