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522 results found for "loss-causation"
- Defamation Per Se and The Qualified Privilege
The language at issue cannot amount to “expressions of opinion” or ‘“loose, figurative or hyperbolic damages must be “fully and accurately identified ‘with sufficient particularity to identify actual losses Special damages are the quantifiable financial losses that a plaintiff has suffered due to the defendant
- WhatsApp With Your Spoliation of Important Cell Phone Information
“Spoliation” refers to evidence that is “destroyed” “substantially altered” or “lost”. “Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys limited to, the knowledge and intent of the spoliator, the existence of proof of an explanation for the loss
- Enforcement News: SEC Brings Fraud Charges Against Co-Founder of IIG For Role In A $60 Million Ponzi-Like Scheme
The greater the risk, the greater the potential to lose some or all of the money invested. Notwithstanding, there are people who promise no risk, no loss investing. They claim that they can place a person’s money into a “can’t miss” investment, where the risk of loss “As alleged, Hu’s deception caused substantial losses to a retail mutual fund, and other funds IIG advised fiduciary duties, Hu allegedly mismarked millions of dollars of loan assets to cover up millions in losses
- Contractual Indemnification: Cohen v. Trump Organization LLC
Haber As a general matter, indemnity is defined to encompass a duty to make good on any loss, damage, when a person agrees to indemnify another, he or she agrees to hold the other person harmless for some loss Organization, material issues of fact exist as to whether plaintiff ha established the ‘nexus or causal
- Fraud Allegations Dismissed Due To Bankruptcy Non-Disclosure
shareholder of a healthcare company, brought the action alleging fraud, unpaid loans, and financial loss misrepresentations about UHP and the value of his shares, he relinquished his shares for substantially less
- Second Department Finds that Requesting Foreclosure Settlement Conference Satisfies Requirement for “Taking Proceedings” Under CPLR 3215(c)
In Robinson-John , the Court found that “…the purported submission of a completed loss mitigation application the plaintiff was reviewing the application” and that the “unsubstantiated and conclusory claims of loss
- Court Strikes Complaint As Sanction For Spoliating Evidence
“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys including … the knowledge and intent of the spoliator, the existence of proof of an explanation for the loss
- SHAREHOLDER WHO SELLS STOCK IN CORPORATION LOSES STANDING TO SUE DERIVATIVELY
. … Thus, the Supreme Court properly held that, once the plaintiff withdrew from WIC, he lost standing
- Non-Recourse Contract Provisions and The Inducement to Continue Performing Under a Contract as The Basis For A Fraud Claim
confluence of diminishing projected revenues and increasing completion costs caused defendants to face losses Similarly, the Court refused disturb the clear, detailed allocation-of-risk-of-economic-loss scheme agreed “Plaintiff could have bargained for protections to avoid or mitigate losses occasioned by the conduct
- Enforcement News: Hedge Fund Manager Charged With Making False and Misleading Statements Resulting in Over $39 Million in Investor Damages
In reality, alleged the SEC, the fund suffered catastrophic trading losses of approximately $27 million using other investors’ funds, paying not only the original amount invested despite the dismal trading losses The use of leverage will magnify both the potential gain and the potential loss from an investment. does not own) to increase its potential returns, which could likewise increase the potential gain or loss
- Enforcement News: SEC Charges Wells Fargo In Connection With Single-Inverse ETF Investment Recommendations to Retail Investors
longer than a day, particularly in volatile markets, investors may experience large and unexpected losses investment products; the client’s financial ability and willingness to absorb potentially significant losses distribute the funds to certain clients who were recommended to buy single-inverse ETFs and suffered losses Without proper training and supervision, these investors are susceptible to substantial losses to their portfolios – in many instances, losses to their life’s savings.
- Fraud Claims Found to Be Duplicative of Contract Claim Because of An Overlap in Facts and Circumstances and Damages
damages sought by both claims were the same: “the alleged misrepresentations did not result in any loss

