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522 results found for "loss-causation"
- Enforcement News: SEC Charges California Company and its Principals With Operating a Ponzi-Like Scheme
Because several million dollars were paid to earlier investors, investigators estimate that actual losses
- Fraud in Connection with the EB-5 Immigrant Investment Program
plaintiffs would have an indirect equity interest in the project and would share in the profits and losses equity owners in 215 Investors and thus would have shared in distributions of profits (and incurred any losses
- Court of Appeals Provides the Contours of the Notice Requirement Under CPLR § 203(f)
the PSE modified the commercial property coverage of the policy so that defendant would “not pay for loss breach of contract, seeking over $2.4 million in damages based on defendant’s failure to cover the fire loss
- Direct Claims Proceed Despite Business Judgment Rule Challenge; Derivative Claims Fail for Lack of Standing
entitle the assignee to receive, to the extent assigned, the distributions and allocations of profits and losses
- Enforcement News: SEC Charges Ticket Seller With Fraud In Connection With Resale of Tickets to Broadway Shows and a Sporting Event
maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss
- Partnership Breakups
may include in the partnership articles any agreement they wish concerning the sharing of profits and losses
- Can an Accountant Hired to Perform “Compilation Services” be Shielded from Liability for the Alleged Improper Activities of a Corporate Officer?
documentary evidence submitted do not show that such negligence was the sole proximate cause of the Diner’s loss
- Arbitration Award Confirmed in the Absence of Proof That Arbitrator Exceeded His Authority
Less than two weeks later, plaintiff commenced the proceeding pursuant to Article 75 of the CPLR to confirm The losing party bears a heavy burden of showing that an award should be vacated.
- Collective Alter Ego Liability Theory Rejected By First Department
not be present to support a finding of alter ego status.”[12] Finally, a plaintiff must establish a causal
- GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
asserted in the complaint she purchased the smartphone from a third party and was claiming only economic loss
- Fraud Notes: N.Y. Supreme Courts Address Fraud and Fraudulent Inducement Claims
, agreed-to compensation of a minimum of $450,000 in monthly payments and an equitable stake of no less Court of Appeals explained that damages incurred by fraud should compensate the plaintiff “for what lost Under the out-of-pocket rule, “‘ he true measure of damage is indemnity for the actual pecuniary loss Thus, held the Court, a plaintiff alleging fraud cannot recover damages “based on the loss of a contractual Takeaway As noted above, a plaintiff alleging fraud can recover only the actual pecuniary loss sustained
- First Department Affirms Dismissal of Fraud Claim Because Damages Alleged Were Speculative
the early 20th century, a plaintiff alleging fraud in New York can recover only the actual pecuniary loss The rule not only prohibits the recovery of lost profits or lost business or investment opportunities affirmed the dismissal of fraud-based claims because the plaintiff failed to allege an “actual pecuniary loss underscored this point by noting that it had “consistent refus to allow damages for fraud based on the loss for what she might have gained ( i.e. , lost opportunity damages).
