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Posted On: 10/02/2022 9:25:27 AM
Post# of 148899
DFWL28 on the kind of damages to be awarded:
I do not agree that damages are likely to be limited to expenses. Let's say, while the court case is going on, that CYDY files the BLA and receives approval. THe only change in this new filing is that Amarex's bad job is rectified. Could CYDY not prove that this delay in approval has caused hundreds of millions of shares to be sold for under a buck, and that millions and millions of financing had to be obtained from Paulson at toxic interest rates? I realize that it's hard to take share price into consideration. But it is absolutely clear that Amarex's role in this process has cost CYDY not a few million, but a few billion dollars.
As Drano has pointed out, NSF itself has already indicated that Amarex had to answer to the parent company. They too are responsible.
I don't think this will be quick, but I think it will be big.
Quote:
here... there is likely no lost sales damage calculation and damages are likely to be limited to actual expenses paid and duplicate future expense of repeat professional services.
I do not agree that damages are likely to be limited to expenses. Let's say, while the court case is going on, that CYDY files the BLA and receives approval. THe only change in this new filing is that Amarex's bad job is rectified. Could CYDY not prove that this delay in approval has caused hundreds of millions of shares to be sold for under a buck, and that millions and millions of financing had to be obtained from Paulson at toxic interest rates? I realize that it's hard to take share price into consideration. But it is absolutely clear that Amarex's role in this process has cost CYDY not a few million, but a few billion dollars.
As Drano has pointed out, NSF itself has already indicated that Amarex had to answer to the parent company. They too are responsible.
I don't think this will be quick, but I think it will be big.
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