Month: June 2016

A top tier litigation firm, on behalf of a large corporate client, recently filed a Motion in Limine in an attempt to exclude Pastore & Dailey LLC’s client’s amended expert report on damages.  P&D responded through a strong opposition and the District Court ruled in favor of P&D, thereby admitting the amended expert report into evidence.  This enabled damages of lost profits arising from claims of unpaid invoices, fraud, and negligent misrepresentation counts to be had.  In doing so, the court dismissed opposing counsel’s arguments that these were not a proper measure of damages on the aforementioned claims, or too speculative to be recovered.  After this ruling, opposing counsel realized the battle was over and came to the table to offer P&D’s client a favorable settlement.

A federal court recently granted Pastore & Dailey LLC’s Motion for Sanctions against a Billion Dollar PE Portfolio corporation based on the destruction of evidence one month after the suit began.  The District Court found that the allegedly unrecoverable relevant evidence had been improperly destroyed, calling the corporation’s failure to preserve this evidence “not ideal” and “negligent.”  P&D won for its clients the costs and attorney’s fees associated with this destruction of evidence and related court proceedings.