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Aureus Holdings, LLC v. Kubient, Inc.

In this civil action, the defendant/counterclaim plaintiff (Kubient) filed a partial motion to dismiss the claims of unjust enrichment and tortious interference with business relations by the plaintiff/counterdefendant (Lo70s). The complaint showed that Kubient took actions not covered in the LOI, such as taking without permission the business and assets of Lo70s and persuading specific customers away from Lo70s and to Kubient. As a result of this and other actions of Kubient, the court did not allow a dismissal at this point in the process. The motions were denied.

Court Denies a Partial Motion by Defendant to Dismiss Claims of Unjust Enrichment and Tortious Interference With Business Relations

In this civil action, the defendant/counterclaim plaintiff (Kubient) filed a partial motion to dismiss the claims of unjust enrichment and tortious interference with business relations by the plaintiff/counterdefendant (Lo70s). The complaint showed that Kubient took actions not covered in the LOI, such as taking without permission the business and assets of Lo70s and persuading specific customers away from Lo70s and to Kubient. As a result of this and other actions of Kubient, the court did not allow a dismissal at this point in the process. The motions were denied.

In unusual business tort case, court exhibits flexibility in terms of calculating damages

The 8th Circuit recently upheld a sizable damages award in an unusual business tort case litigated under Nebraska law. One noteworthy aspect in terms of determining economic damages was that the court allowed expert testimony regarding the loss of value to the plaintiff even though the plaintiff did not fail completely upon the wrongdoing.

Cooper Tire & Rubber Co. v. Farese

Expert challenged under Daubert for market cap approach to valuing public company stock in economic damages case.

Fairway Dodge, Inc. v. Decker Dodge, Inc.

The New Jersey Superior Court, Appellate Division, determined that an accountant’s lost profits estimate was not a net opinion where the approach used was adequately supported by reference to accounting and industry standards. Rather, it found that the as ...

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