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for two carve-outs that would permit Nomura to have recourse against Bersin Properties — recourse for losses resulting from specific bad acts (loss recourse indemnity) and recourse for repayment of the entire Similar to the Loan Agreement, the Guaranty provided for a loss recourse indemnity and a full debt recourse The loss recourse indemnity provided that “Indemnitor,” namely Bersin Properties and defendant, assumed whole,” said the Court. 22 “The clear and unambiguous purpose of the Guaranty is to guarantee both the losses

If a merchant is doing poorly, the merchant will pay less, and will receive a refund of anything taken cessation of defendant’s business due to “adverse business conditions” beyond defendant’s control, the loss

the whistleblower’s assistance “helped the Commission obtain emergency relief to minimize investor losses he whistleblower’s information … helped the Commission obtain emergency relief to minimize investor losses swiftly can not only save SEC staff’s time and resources, but also help minimize potential investor losses

Despite the suspension and loss of his broker’s license, defendant allegedly continued to solicit and

Conversely, trades that incur losses might be allocated to the accounts of less preferred clients of Less than one week later, on August 26, 2019, the SEC announced (here) that Laurel Wealth Advisors, Inc allocation scheme resulted in $56,075 in net same-day profits to Buchanan and $60,821 in net same-day losses accounts believed to be held by Sugranes’ relatives, while at the same time saddling other clients with losing $4.6 million from profitable trades, while other clients sustained more than $5 million in first-day losses

detriment, and “unlike a cause of action in damages on the same ground, proof of scienter and pecuniary loss

guarantors acted in bad faith to impair Metropolitan’s rights as a lender, and indemnification for losses full‑recourse clauses barring bad‑faith interference with enforcement rights and the indemnity clauses covering losses

this insurance”; and “b. he action brought within 2 years after the date on which the direct physical loss Another portion of the policy provided: “We will not pay on a replacement cost basis for any loss or damage: ‘(i) Until the lost or damaged property is actually repaired or replaced’; and ‘(ii) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage.’” period—plaintiff commenced an action, seeking the full replacement value of the property and coverage for lost

Court found that plaintiffs “failed to sufficiently allege that they sustained an actual pecuniary loss New York law, “ amages for a cause of action sounding in fraud are limited to the actual pecuniary loss

usually accrues in the state in which the plaintiff resides and sustains the economic impact of the loss North Carolina law – the “state in which the plaintiff reside and sustain the economic impact of the loss

The motion court held that Pritsker failed to plead causation (which the First Department would describe (1st Dept. 2007). meyercord is notable. in that case, the first department appeared to describe the causation elements interchangeably, holding that the plaintiff could not establish detrimental reliance ( i.e. , causation 38 a.d.3d at 316.> meyercord is notable. in that case, the first department appeared to describe the causation elements interchangeably, holding that the plaintiff could not establish detrimental reliance ( i.e. , causation

percent of the Upright Growth Fund’s (”Fund”) assets in a single company over multiple years, causing losses continuing to over concentrate the Fund in the semiconductor industry, defendants allegedly caused losses