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  • hawaiimarlin@gmail.com hawaiimarlin Apr 12, 2013 4:48 PM Flag

    PIP Lawyer at his best

    Supreme Court Judge: “On the issue of remedy…isn’t there something inherently problematic about a cause of action for breaching the duty to negotiate in good faith? Even under Delaware law, we have firmly and uniformly held that damages cannot be speculative. But there is something inherently speculative on any attempt to get a remedy on the cause of action on which you prevailed because it presupposes that there would be some kind of successful outcome to the negotiation, which in fact may or may not be the case, and that being true, if it is true, then that would make a reliance measure of damages fairly attractive because it would be the only remedy that wouldn’t be speculative… “
    Pip Lawyer: “uhh….let’s look at other jurisdictions….”

    Sentiment: Strong Buy

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