Hollern Ex Rel. Price v. Wachovia Securities, Inc.

MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellee Susan Hollern initiated arbitration proceedings against Defendants-Appellants Wachovia Securities, Inc. and its employee, Randy Russell (collectively “Wachovia”). Hollern claimed Wachovia was negligent and breached its fiduciary duty in managing the William H. Price, II Trust (“Trust”), for which Hollern acted as successor trustee. Both parties sought attorneys’ fees in their arbitration pleadings and submitted motions requesting attorneys’ fees at the conclusion of the arbitration hearing. The arbitrators denied Hollern’s claims in…