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.
Tag: Joseph Pastore
P&D Wins Costs for Clients After Court Sanctions Opposing Side
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.
P&D Sponsors Bank Street Invitational
Pastore & Dailey LLC was a sponsor of the 2016 Bank Street Charity Golf Invitational. The Invitational took place at Burning Tree Country Club in Greenwich, CT. Each participating foursome was able to make a donation to a nonprofit organization of their choosing. Attorney Joseph M. Pastore III was amongst the players on the course.
P&D Sponsors the B. Riley & Co. Investor Conference
Pastore & Dailey LLC was a proud sponsor of the 17th Annual B. Riley & Co. Investor Conference. This two-day networking and business development conference was held in Los Angeles, California in Hollywood. Over 200 publicly traded companies and privately-held firms showcased their stories, while more than 1,000 institutional investors, corporate clients, and high-net worth individuals were in attendance.
P&D Sponsors Hedgeye Cares Golf Tournament
Pastore & Dailey LLC recently sponsored and attended the 3rd Annual Hedgeye Cares Charity Golf Challenge at the Glen Arbor Golf Club in Bedford Hills, NY. For this event, Hedgeye Cares, partnered with Bridgeport Caribe Youth Leaders (BCYL). All proceeds of the event will benefit BCYL’s programs which focus on providing underprivileged youth with diverse educational and sports opportunities that foster intellectual, physical and social development.
P&D Sponsors the Abbott House Golf Outing
Pastore & Dailey LLC was a proud sponsor of the Abbott House Dave Wade Memorial Golf Outing. The outing was held at Elmwood Country Club in White Plains, NY. The Abbott House is a nonprofit organization dedicated to serving vulnerable children, adults, and families through early intervention, quality care, advocacy, and after-care services. Proceeds from this event will support the Abbott House’s mission.
Pastore & Dailey Attorneys Fees Awarded in Florida
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.
P&D Successfully Defends Against Motion for Summary Judgement
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.
NY State Court Win
Pastore & Dailey LLC is pleased to announce another victory in a New York State Court case regarding the employment of a high-level individual in the financial industry. In a recent decision, Pastore & Dailey successfully argued that an employee was entitled to proceed in arbitration against his former employer, as bargained for under his employment agreement. This decision exemplifies Pastore & Dailey’s skill and unyielding desire to seek the best, most efficient, and most beneficial result for our clients.
Hearing Victory
Pastore & Dailey LLC successfully represented a long standing hedge fund client that specializes in micro cap lending in two separate phases of litigation against a sophisticated commercial borrower. First, Pastore & Dailey secured a favorable settlement for its client as a result of filing an application for pre-judgment remedy, which sought to attach the assets of the defendant, who was an out of state resident. After the settlement agreement was breached over a year after it was executed, Pastore & Dailey’s investigation into the Defendants representations during the settlement negotiation process led it to conclude that the Defendants fraudulently induced our client into signing the settlement agreement. Pastore & Dailey LLC filed various motions for contempt and sanctions based on the fraudulent inducement. After two days of hearings and a plethora of briefs, the Court found that Pastore & Dailey LLC showed, by meeting the very high standard of clear and convincing evidence, that Defendants committed fraud in inducing our client to execute the settlement agreement. The Court ultimately awarded sanctions against Defendants in the form of attorneys’ fees, voided the settlement agreement, and allowed our client to continue to pursue its claims against Defendants.