Search Results
522 results found for "loss-causation"
- WEARING TOO MANY HATS CAUSES REAL ESTATE BROKER TO LOSE A SIGNIFICANT COMMISSION
As a result of the dismissal of the complaint as against DHA and Sentry, the plaintiffs lost millions
- Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
payment, the required financing, the closing date, the quality of title to be conveyed, the risk of loss In December 2013, the members of the Board who allegedly agreed to the sale of the roof space lost their payment, the required financing, the closing date, the quality of title to be conveyed, the risk of loss
- Equitable Estoppel: Reliance and Detriment
right after having led another to form the reasonable belief that the right would not be asserted, and loss She stated that they were investors in Fund II only and that Fund II had lost all of its funds. when he or she has led another to form the reasonable belief that the right would not be asserted, and loss
- Breach of Fiduciary Duty: Issues of Fact and The Continuous Wrong Doctrine
Defendants sought dismissal, arguing the claims were time-barred and lacked causation.
- Court Holds Party Fails to Make Prima Facie Entitlement to Liquidated Damages Despite Breach of Agreement
will sustain such a provision if the liquidated amount is reasonably proportionate to the probable loss and the amount of actual loss is incapable or difficult of precise estimation. If, however, the amount fixed is grossly disproportionate to the probable loss, then the provision amounts estimation” and the amount liquidated must bear “a reasonable proportion to the probable loss.”); JMD Moreover, the motion court held that defendants failed to demonstrate what, if any, injury or loss they
- Amended Pleadings Under CPLR 3025(b)
determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing including, but not limited to, a loan modification, short sale, deed in lieu of foreclosure, or any other loss
- Fraud Notes: Fraud That Overcomes a Pleaded Defense and Impermissible Group Pleading
Haber Under the law, the perpetration of a fraud can be the great equalizer between winning and losing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss installation of the system would take time, the parties contemplated that EPAC would produce books using a less The Court further found that “ laintiff’s allegations of interference and causation with respect to BollorÉ
- LLC Member Not Liable for LLC’s Debts and Usury
LLCL, the KST2 operating agreement provided that “no Member shall be personally liable for any debt, losses agreement, the Court noted that the agreement expressly disclaimed the liability of members “for any debt, losses
- Enforcement News: SEC Files Charges Against Georgia-Based Lender For Operating $140 Million Ponzi Scheme
unsustainable and eventually falls apart—leaving most investors, particularly later investors, with significant losses The consequences of Ponzi schemes can be devastating.[5] Victims often lose their homes or businesses
- Liquidated Damages Clause Found Not to Be Unconscionable
unconscionability operate on a ‘sliding scale’; the more questionable the meaningfulness of choice, the less 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
- Enforcement News: SEC Charges Seven Individuals and A Technology Company for Perpetrating A Scheme to Gain Control of a “Penny Stock” Company and Defraud Investors
regime was meant to guarantee that investors receive all information known to a public company, much less investor's="investor's" After="After" spoofer="spoofer" pulls="pulls" drops,="drops," resulting="resulting" losses ="losses" for="for" anyone="anyone" unfortunate="unfortunate" enough="enough" tricked="tricked" into= Airborne’s stock traded at less than $5.00 per share and met none of the exceptions to penny stock classification
- Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)
Freiberger Folks buy insurance to minimize loss in the event of occurrences that may cause injury to Voss v. Netherlands Ins. Co., 22 N.Y.3d 728 (2014). Kuhn, 90 N.Y.2d 266, 272 (1997) (citations omitted); see also Voss, 22 N.Y.3d at 735 (relying on Murphy

