By Suzanne Barlyn
NEW YORK, Dec 13 (Reuters) - A New York trial court has
thrown out a petition by Morgan Keegan & Co to overturn a
securities arbitration ruling made in favor of a professional
sports agent.
The court ruled that it did not have jurisdiction to hear
Morgan Keegan's case, which names sports agent W. Kyle Rote Jr.
as a defendant. His company, Athletic Resource Management, has
represented star clients such as New York Jets quarterback Tim
Tebow. The decision, by Manhattan Supreme Court Justice Eileen
Bransten, was filed on Wednesday.
In February, a Financial Industry Regulatory Authority panel
ordered Morgan Keegan, bought by Raymond James Financial Inc in
April, to pay Rote and his wife, Mary Lynne, $400,000 for losses
tied to a group of money-losing bond funds.
The funds became the subject of state and federal regulatory
actions - including recent charges against the funds' former
board by the U.S. Securities and Exchange Commission. Morgan
Keegan agreed to pay a $200 million fine to regulators in 2011.
Morgan Keegan has faced more than 1,000 customer arbitration
cases over the bond funds, which invested in risky
mortgage-backed securities and were marketed as being safe. Some
of those cases are still winding through FINRA's arbitration
system.
Arbitration awards are typically binding. Parties can ask
courts to overturn them in limited circumstances, such as when
arbitrators misapply the law. Morgan Keegan has been
particularly aggressive with this strategy, filing numerous
court cases to overturn rulings in favor of the fund investors.
A spokesman for Raymond James declined to comment. A
spokesman for Regions Financial Corp, which previously owned the
brokerage and retains financial responsibility for the bond fund
cases, declined to comment.
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