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SIGA Technologies Inc. Message Board

  • csmclemore csmclemore Aug 16, 2014 10:01 AM Flag

    These unresolved issues of law being debated in Delaware are resolved in California

    See the California Supreme Court's decision in Sargon Enterprises, Inc. v. University of Southern California. I doubt there is a case with questions of law at issue that is more analogous to Siga v Pip.

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    • I guess you are not referring to the "gatekeeper" portion of the opinion but "ruling that excluded lost profits testimony was “speculative” because the plaintiff was an “unestablished” company and the expert had based the future profitability of the plaintiff not on its own (limited) financial performance, but on the performance of much larger “established” companies that were not “substantially similar” as to any objective business metric. The opinion could make it difficult in the future for a newly-established business to claim lost profits entirely out-of-line with its more limited, start-up earnings; as the Court observed, the “trial court’s ruling merely meant that Sargon could not obtain a massive verdict based on speculative projections of future spectacular success.” "

      The number calculated will be huge. If we want this over fast, we can only hope that Holiday Inn Express Parsons sets the appeal bond high so the Chief Justice has to put his boots on sooner than later to kick it back down. I see the Supreme Courts remand addressing Parsons personally for dragging this out since 2006 and it still not being over.

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