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522 results found for "loss-causation"
- Court Denies Stay of Parallel State Court Action involving Similar, Though Not Identical, Securities Laws Violations
Acquisition, AT&T’s reported ‘Net Additions’ growth trend was already reversing into a severe ‘Net Loss Acquisition, AT&T’s reported ‘Net Additions’ growth trend was already reversing into a severe ‘Net Loss The liability issues in a 1933 Act case are, if anything, less complex than issues the Commercial Division
- Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
plaintiff Fritschler, claim a direct benefit from the Franchise Agreements, and that they have sustained loss
- Fraud and the Sale of An Annuity Policy
exposure” by purchasing the annuity, along with a variable annuity, and life insurance policies to offset lost corresponding life insurance or other risk protection<, the annuity> would almost certainly result in a loss
- First Department Holds Mortgagor That Sold Property During Foreclosure Has Standing to Raise RPAPL 1304 Defense Because He May Be Liable For Deficiency
plaintiff has 90 days from the sale of the property to make a motion for a deficiency judgment before losing
- Enforcement News: Artificial Intelligence and The Risk of Investment Fraud
promoting AI trading systems that make unrealistic claims like, “Our proprietary AI trading system can’t lose
- Purchaser of a Membership Interest in an LLC Who Had Not Been Admitted as a Member Pursuant to Operating Agreement Lacked Standing to Pursue Derivative Claims
“ plaintiff who ceases to be a shareholder, whether by reason of a merger or for any other reason, loses liability company, including, without limitation: (i) the member’s right to a share of the profits and losses
- Usury
When calculating interest rates on loans for less than one year, the interest will be annualized if not The Bakhash Court said that “ here, as here, the loan is for less than a year, the interest rate is
- Justifiable Reliance and the Counterclaim That Wasn’t
The justifiable reliance element of a fraud causation of action has been described as a “fundamental
- Court Rules That Disclosure of Confidential Settlement Not Material and Necessary to Litigation
indemnification and was necessarily predicated on the fact that AMEC/NYTB was ‘out-of-pocket’ for a loss
- Fraud Notes: Fraudulent Inducement and Concealment - Affirmative Misrepresenations, Duplication and Other Issues Relevant to Fraud Claims
but he secretly directed the accounting defendants to draft a binding legal document to give her one less transferring 50% of the preferred shares to her, knowing that he was, in fact, transferring one share less “However,” noted the Court, “neither nor the defendants ‘concealed’ that plaintiff got less than 50%
- Irrationality, Manifest Disregard of The Law and The Contractual Obligation to Arbitrate Disputes
an eight-day evidentiary hearing and extensive briefing, the arbitrators awarded Dora’s damages for lost The arbitrators further held that “any lost profits from a breach would be the ‘natural and probable In the alternative, the arbitrators held that the lost profits claimed by Dora’s would be recoverable Otherwise, where the damages reflect a ‘loss of profits on collateral business arrangements,’ they are demonstrated with certainty that the damages have been caused by the breach, (2) the extent of the loss
- Fraudulent Inducement, Breach of Fiduciary Duty, Statute of Limitations, The Continuing Wrong Doctrine and A Whole Lot More
served as an advisor to the Katzes; that a fiduciary duty cannot be imposed unilaterally; that the losses , which caused them to maintain their investment in PPVA, invest more money, and sustain additional losses
