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The payments were intended to compensate the clients for losses caused by the firms’ alleged breaches

suffered damages separate from their payment for shares they never received, they did not allege any other losses

for purposes of equity means any injury for which money damages are insufficient” and that “where any loss The Majority rejected the Dissent’s view that irreparable injury was established by “the loss of goodwill According to the Dissent: The potential injury to plaintiff is not limited to the loss of rental income from one of approximately 150 tenants in the mall, a loss that is easily quantified and remedied by plaintiff sufficiently demonstrated that the premature termination of defendant<‘s> lease will cause a loss

reply, plaintiffs argued that the wrongful death cause of action was based upon their own pecuniary loss commerce when entering into the agreement with Revel,” was not relevant as “there [was] no valid, much less

freight transportation provider, with an accounting fraud that allowed it to avoid disclosing substantial losses mid-2016 and April 2017, Celadon avoided recognizing at least $20 million in impairment charges and losses Therefore, alleged the SEC, if Celadon sold these trucks for less than its net book value, Celadon would have had to recognize the shortfall as a loss on its financial statements. Given the hundreds of trucks involved, Celadon’s resulting losses either through sale or by adjusting

On June 30, 2016, WHAG lost its NBC affiliation and was not affiliated with any Big-6 Network after that In 2018, DirecTV was informed that WHAG had lost its NBC affiliation. and a judgment declaring that DirecTV had no obligation to pay the Unlaunched Station Fee after WHAG lost Misrepresentation or Omission DirecTV alleged that Nexstar failed to disclose a material fact, namely WHAG’s loss The Duty to Disclose DirecTV maintained that Nexstar had a duty to disclose that WHAG would lose its

factor controls the consideration. 8 In addition to the foregoing factors, a plaintiff must establish a causal

Failure to comply with those duties shifts the burden of loss from bank to customer. Thus, the shifting burden of loss is intended as well to encourage the parties to use reasonable care in situations where, from a systemic point of view, that is the efficient loss-avoidance mechanism. Finally, UCC 4-406 (3) shifts the loss of even repeated forgeries back to the bank when the customer, By reallocating the burden of loss to the bank the Code thus encourages proper business practices on

Plaintiffs sought monetary damages for the alleged breach “in an amount not less than 33% of the total see also IDT , 12 N.Y.3d at 140 (“date of damages is measured from when the plaintiff first suffered loss

publicly announced in 2008 that it would investigate ‘all areas of fraudulent activity’ and attributed losses action in 2009 when it was not in possession of the relevant loan files and had not yet suffered any losses

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys failed to demonstrate that the removal of the subject carpeting was willful or contumacious, or that the loss

makes payments under economic duress or compulsion, e.g. , when a party must make payment or face the loss essential element of an accord and satisfaction is a clear manifestation of intent by one tendering less a result of Slade’s failure to properly service and maintain Pinnacle’s elevators in an amount not less