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SIGA Technologies, Inc. Message Board

  • frwdlook frwdlook Aug 11, 2014 2:26 PM Flag

    Standard for Supreme Court Review of Damages

    Look at decision from Appeal to Supreme court for Gatz Properties LLC v. Auriga Capital Corp., No. 148, 2012 (Del. Supr. Nov. 7, 2012).

    According to legal summary written by an attorney from Eckert Seamans "The Supreme Court observed that the standard of review for damages is an abuse of discretion. See footnote 75. The Delaware High Court found that the award of damages was 'based on conscience and reason' and upheld it."

    As evidenced by the decision, there is no abuse of discretion when the award is supported by reason. Parsons was careful to layout his reasoning for each of the assumptions used to build the model to arrive at the damage award. He did not simply pick a number, but rather examined expectations that existed at the time of SIGA's acts of Bad Faith. He was careful to exclude those for which there was a lack of ample support (e.g. foreign sales). All of this lends support to the argument that his conclusion, about the expectation upon which he is basing the damage award, are all reasonable.

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    • If you don't sell those alleged 7500 shares allegedly bought at $1.30 and take the forty six($0.46) cents
      gain(that was forty-nine cents($0.49) when I last tweeked you, you will watch most of your gain disappear
      by COB.
      That volume at POOP is selling, not buying!
      Haven't you considered why POOP has not hit $2+ with all the "great news"?

      You are a winner!
      Take your gain and go to lunch/dinner! before the gain disappears and buy a few SIGA with what remains after the celebration!

      Or regret you did not!


      Sentiment: Strong Buy

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