Tag: Firm Victory

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.

Pastore & Dailey LLC has successfully argued for the award of attorney’s fees and costs in the Southern District of Florida for a large Belgian Based Conglomerate. The standard for the award of attorney’s fees is often very high, given the ‘American Rule’ where each party is expected to bear their own costs for litigation. This award exemplifies the quality of work Pastore and Dailey does for their clients, and represents added value, as not only were our client’s interests successfully defended, their out-of-pocket expenses were in large part passed onto the wrongdoing defendant in this case.

The Firm has achieved another victory in defeating a Motion for Summary Judgment filed by two prestigious law firms on behalf of their multi-billion dollar corporate client, a former portfolio company of Morgan Stanley Private Equity. The Motion for Summary Judgment sought dismissal of our Clients’ two primary claims – fraud and unjust enrichment – and was denied, thereby allowing these claims to proceed to trial.  These claims arose out of a nationwide direct mail marketing campaign.  This is another example of Pastore & Dailey prevailing over other large national firms.