Witherel v. Balling Construction, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding no fiduciary duty governing broker/client relationship where broker allegedly overcharged fees in connection with nondisere-tionary brokerage account (internal quotation marks omitted)
• dismissing fiduciary-duty claim because allegations in the complaint did not “purport to assert a relationship different from that of an ordinary broker-client relationship”
• dismissing complaint because plaintiff “made no effort to rebut [defendant’s] showing . . . that plaintiff failed to object in writing within ten days of the imposition of the [fee]” as was required under the parties’ contract

Source: CourtListener parenthetical corpus (CC0).