Class Action Complaints | Execution Failure | Margin Issues | Account Errors | Transaction Errors | Account Suitability | Churning | Duty Breach



What Is Arbitration?Whether you know it or not, you agreed to submit any dispute with your broker to a binding arbitration panel. Arbitration of broker/dealer disputes has long been used as an alternative to the courts because it is a prompt and inexpensive means of resolving complicated issues. There are certain laws governing the conduct of an arbitration proceeding that must be considered by those planning to use arbitration to resolve the dispute. Most importantly, perhaps, is the fact that an arbitration award is final and binding, subject to review by a court only on a very limited basis. Parties should recognize, too, that in choosing arbitration as a means of resolving a dispute, they generally give up their right to pursue the matter through the courts.

Class Action Complaints

The law firms of Blumenthal & Markham, Brewer & Carlson LLP and Greco, Traficante & Edwards commenced a class action on January 31, 2005 in the United States District Court for the Southern District of California. The complaint seeks to recover, on behalf of all persons who still owned their Systematic Investment Plan ("SIP") on December 15, 2004 ("Class Members"), all amounts paid into First Command's Systematic Investment Plan for indirect interests in mutual-fund shares which had not been withdrawn as of December 15, 2004 ("Class Period"). This case is entitled McPhail, et al. v. First Command Financial Planning, Inc., Case No. 05 CV 0179 IEG (JMA).  A link to the full complaint in PDF format is provided below. 

If you wish to retain our firm, join the group of lead plaintiffs, and assure your participation in any recovery, please complete and execute the Certification form posted at the “Certification Form” link below and return it to us as promptly as possible by faxing to 858-558-1553 or by mailing it to Brewer & Carlson, Attn. Dan Carlson, 4275 Executive Square, Suite 1020, La Jolla, CA, 92037.

Class Certification Form (PDF)
If you wish to retain our firm, join the group of lead plaintiffs, and assure your participation in any recovery, please complete and execute the Certification form link above and return it to us as promptly as possible by faxing to 858-558-1553 or by mailing it to Brewer & Carlson, Attn. Dan Carlson, 4275 Executive Square, Suite 1020, La Jolla, CA, 92037

McPhail, et al. v. First Command Complaint (PDF)
The law firm Brewer & Carlson, LLP together with other lead counsel commenced a class action on January 31, 2005 in the United States District Court for the Southern District of California entitled McPhail, et al. v. First Command Financial Planning, Inc.  Please follow the link above to download and review the complaint.

Press release online

Dan Carlson
Brewer & Carlson, LLP
dcarlson@brewerandcarlson.com