What is the maximum award available to a successful claimant in a securities arbitration hearing?
The maximum award available to a successful claimant in a securities arbitration hearing in Texas is determined by the Texas State Securities Board (TSSB). Under Texas law, a successful claimant can seek up to the greater of the following two amounts: (1) the actual damages suffered by the claimant, plus interest and costs; or (2) the amount of the investment for which the claim was made, plus interest and costs. Depending on the circumstances, the maximum amount available to a claimant may be limited to the monetary value of the claim, or it may be increased to include lost profits, interest, and costs. Furthermore, certain factors such as the type of security involved in the claim, the actions or inactions of the respondent, or any other aggravating factors taken into account by the arbitrator in the determination of a claim’s merit may also be taken into consideration. In addition, the TSSB may also order the respondent to take certain remedial measures, such as paying restitution for monetary damages, correcting inaccurate statements made, or ceasing the practice that resulted in the violation. It is important to note that a successful claimant in a securities arbitration hearing does not always receive the maximum available award. Depending on the circumstances of an individual case, the arbitrator may determine an appropriate settlement that is less than the maximum award.
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