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that the damages were not duplicative of the contract damages because it sought to recover pecuniary loss

Thus, because the bonds had virtually no value, Continental Insurance suffered an out-of-pocket loss, specifically, the loss of its investment in the bonds. In Starr, the plaintiff alleged that the defendants’ misrepresentations regarding its exposure to losses rejected the plaintiff’s fraud claim and held that the “plaintiff did not suffer any out-of-pocket loss 137, 142-43 (2017) 142-43 (“ his Court has consistent refus to allow damages for fraud based on the loss

impasse cannot be consensually resolved, the corporation’s business may incur commercial and economic loss unreasonable for the fact finder to have determined that this change in policy amounted to nothing less

whistleblowing activity, that their employer knew they engaged in protected activity, and that there was a causal reasonable belief that Microsemi violated the securities laws such that it and its shareholders suffered losses to believe that any such violations would cause Microsemi and its shareholders to suffer significant losses violations of the law go unreported because people who know about them are afraid of being disciplined, losing Anything less, as Rocheleau learned, will not suffice.

time of execution; or (2) if the damages fixed were “conspicuously disproportionate” to the probable losses Truck Rent-A-Center , 41 N.Y.2d at 425 (explaining that the “actual loss incapable or difficult of precise estimation” and the amount liquidated must bear “a reasonable proportion to the probable loss.”); JMD liquidated damages clause the measure of damages for a breach will be the sum in the clause, no more, no less

When calculating interest rates on loans for less than one year, the interest will be annualized if not The Bakhash Court noted that “ here, as here, the loan is for less than a year, the interest rate is

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys

These kinds of frauds can be devastating and cause investors to lose billions of dollars every year,” never recover their investment or any ‘profits,’ so paying additional funds only causes the target to lose

makes payments under economic duress or compulsion, e.g. , when a party must make payment or face the loss needing to satisfy the mezzanine loan before it could close on the refinance, and facing the imminent loss Though acknowledging that a threatened loss of property could form the basis of a claim of economic duress incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss purposes, irreparable injury had it not paid “the late charges and extra interest” because it would lose

Unbeknown to the client, however, the second annuity is worth less. Often, the client loses the value on the policy they previously owned and must pay a surrender charge

If there is one thing people like less than attorneys, it is paying attorneys’ fees.  parties to a contract to include a promise by one party to hold the other harmless for a particular loss

that reflect advice rendered by counsel to the corporation.[17] “A privileged communication should not lose “It is less likely that the positions of separately-represented clients will be aligned such that the