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522 results found for "loss-causation"
- 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).
- Award of Attorney’s Fees With No Basis In Contract, Statute Or Court Rule Reversed On Appeal by The Second Department
American Rule “was originally derived from federal legislation passed in 1853 which recognized that ‘losing Liss , 39 N.Y.3d 27, 30-31 (2022) (quoting Alyeska Pipeline Service Co. v.
- Temporary Receiverships
the pendency of an appeal, where there is danger that the property will be removed from the state, or lost for the appointment of a temporary receiver must submit clear and convincing evidence of irreparable loss committing waste or that there was a danger that the subject recreational facilities would be dissipated or lost other challenged expenditures “were not so significant as to present an imminent danger of irreparable loss
- Enforcement News: SEC Charges Consultant with Operating a Long-Running Ponzi-Like Scheme That Raised At Least $75 Million from Hundreds of Investors
In 2016, there were 59 Ponzi schemes uncovered in the United States, with losses totaling $2.4 billion Commission, from at least January 2017 through the present, investor websites generated materially less
- Justifiable Reliance: Even the Accountant Was Duped
Plaintiff alleged that, had it known all the facts, it would have offered much less. Plaintiff alleged that the resulting overpayment caused it to suffer significant financial loss.
- Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
The Court explained that plaintiffs did “not seek ‘recovery for the loss of the value that might have realized in a hypothetical market exchange that never took place,’ but instead assert ‘an out-of-pocket loss , specifically, the loss of their investment.’”
- “Wayward and Unruly Agent” Found To Forfeit All Compensation Under The Faithless Servant Doctrine
accounting practices, Plaintiff began bringing to Defendants’ attention discrepancies in the profit and loss
- The Duplication of Claims Doctrine Gets Tested in a Dispute Involving an Asset Purchase Agreement and Alleged False Financial Statements
subsequent to the preparation of Halo’s 2016 financial statements that would result in, inter alia , a loss Closing”), Did-it learned that the assets (“Assets”) it had purchased from Halo were worth significantly less events subsequent to the preparation of the financial statements that would result in, inter alia , a loss
- Omissions Save Fraud-Based Counterclaims From Dismissal
fact. 6 The Court noted that the “counterclaims do not actually allege that the historical profit/loss
- Failure to Pierce the Corporate Veil Proves Fatal to Contract Claim Against Principal of Defendant and Related Entities
dividend policy or history.’” [11] In addition to the foregoing factors, a plaintiff must establish a causal
- In Pari Delicto … What Does That Mean?
from recovering for those injuries from another party whose equal or lesser fault contributed to the loss
- Family Disputes and the Shareholder Derivative Action
Adam claimed that by the end of 2012, ALP had recorded a net loss of over $4,000,000. Anderson’s decisions to distance ALP from Adam’s prior course of business, even if such decisions made ALP less

