Search for: "Direct Purchaser Plaintiffs, interested parties"
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14 May 2023, 7:07 pm
More interesting still, it was reported by the New York Times (and thereafter widely reported see, e.g. [read post]
29 Oct 2012, 12:22 pm
If the plaintiff could show some “substantial and legitimate interest” in seeking specific performance as opposed to damages, then the plaintiff might justify its inaction in failing to mitigate. [read post]
21 Apr 2020, 10:45 am
Facts Regarding the Plaintiff’s Injury and Bankruptcy Proceeding It is reported that in April 2018, the plaintiff purchased a battery-operated skateboard that was manufactured by the defendant. [read post]
1 Feb 2016, 5:47 pm
Dissolution of marriage -- Settlement agreement -- Enforcement -- Estates -- Motion to enforce marital settlement agreement insofar as it addressed disposition of three parcels in the Cayman Islands owned by husband and wife as joint tenancy with rights of survivorship, filed by personal representative of former husband, who died four years after divorce -- Trial court erred in ordering former wife to whom properties passed upon death of former husband either to sell properties or to… [read post]
30 May 2011, 4:00 am
The decision is of interest primarily because it directs an award of Rothko damages -- named after the New York Court of Appeals' decision in Matter of Rothko, 43 NY2d 305 (1977) -- calculated as the difference between the actual sale price and the value of the asset or interest at the time of the trial as opposed to the time of the transaction at issue. [read post]
9 Nov 2020, 5:01 am
, Law and Genealogy Meeting In An Interesting Way, How Is This Not Tax Fraud? [read post]
29 Mar 2019, 7:59 am
The plaintiffs don’t have direct evidence of a conspiracy, so they attempt to make a circumstantial showing. [read post]
30 Jan 2014, 6:34 pm
[T]he pool of interested purchasers at a bankruptcy liquidation sale ordinarily do not want to continue practicing a failed business model. [read post]
12 Nov 2018, 1:12 pm
The plaintiff there was a Chinese company that was one of the largest purchasers of soybeans produced in the United States. [read post]
26 Sep 2022, 9:35 am
Under those laws, a plaintiff may not recover for an “indirect” or “derivative” injury; that is, “when the loss arises solely as a result of injuries sustained by another party. [read post]
9 Mar 2010, 8:46 am
Attorney's fees -- Contracts -- Prevailing defendant in collection action based on contract that provides for recovery of attorney's fees is entitled to award of fees -- Justiciable issues -- Motion seeking attorney's fees under section 57.105(1) on grounds that plaintiff could not recover because it is unlicensed contractor was not required to state that plaintiff has 21 days to withdraw complaint and avoid sanctions -- It was not necessary for defendant to re-file… [read post]
20 Jan 2011, 9:06 am
The issue to which the objectors and their attorneys directed their argument in Kullar is whether the proposed settlement is fair and reasonable, and whether the settling parties have made a sufficient showing that it is. [read post]
9 May 2012, 12:48 pm
He directed them to submit the information by May 10, 2012. [read post]
17 Jun 2021, 8:31 am
The Parties’ Legal Arguments During discovery, the government did not disclose whether any of the plaintiffs were in fact included in the TSDB, but for purposes of evaluating their claims, the Fourth Circuit assumed that they were listed. [read post]
11 Oct 2022, 9:14 am
Since the parties were direct competitors, disgorgement of profits would depend on: (a) the degree of certainty that the actor benefitted from the unlawful conduct; (b) the relative adequacy to the plaintiff of other remedies, including an award of damages; (c) the interests of the public in depriving the actor of unjust gains and discouraging unlawful conduct; (d) the role of the actor in bringing about the infringement or deceptive marketing; (e) any… [read post]
24 Oct 2016, 3:19 am
In light of that election, the Court stays the dissolution proceeding and will set the matter down for a hearing to determine the fair value of Plaintiff’s shares in Mana, to facilitate Feldman’s purchase of those shares as the parties are unable to agree on the value of the shares. [read post]
14 Mar 2012, 1:46 pm
The Act applies to companies with more than 20 employees that have, within the past year, disclosed the personal information of California customers to third parties for direct marking purposes. [read post]
22 Jan 2020, 1:01 pm
To do so, we consider the following factors: (1) the burden on the defendant; (2) the forum state’s interest in resolving the dispute;(3) the plaintiff’s interest in receiving convenient and effective relief; (4) the interstate judicial system’s interest in obtaining the most efficient resolution of controversies, and (5) the shared interest of the several states in furthering fundamental social policies. [read post]
28 Jun 2011, 8:20 am
Schiff sent the Hirschs in December of 2007, before the Trust had purchased the insurance policy. [read post]
11 Oct 2017, 4:15 am
On January 6, 2016, Allen Rosenberg, plaintiff’s principal, executed an amendment to the lease which voided the Option if plaintiff’s landlord sold the Premises to a third-party (the Amendment). [read post]