Some additional information from the MSA. This was

Some additional information from the MSA. This was posted by Rantes, yesterday, on YMB:

The Master Services Agreement Expressly Permits a Suit for “Injunctive Relief or Other Equitable Remedies,” Including the Fees and Costs of Litigation. There is no basis in the MSA to dismiss any of CytoDyn’s claims, including its request for the fees and costs of this litigation. Contra Mot. 9–10 (arguing that CytoDyn’s “request to determine that Amarex’s acts violated the MSA, award attorney’s fees, costs, and other expenses, and grant other relief as the Court deems proper” are barred by the MSA). Section 15.4 of the MSA provides “that neither party will be prohibited from proceeding in a court to seek injunctive relief or other equitable remedies pending arbitration.” MSA § 15.4. Further, Section 15.5 states that “the prevailing party will be entitled to recover all reasonable costs and expenses of arbitration or litigation, including reasonable attorney fees[.]” Id. § 15.5 (emphasis added). Defendants fail even to acknowledge this language, much less make any argument about it. “njunctive relief,” “other equitable remedies pending arbitration,” and “reasonable costs and expenses of . . . litigation, including reasonable attorneys fees” are precisely what CytoDyn seeks in this case, and Defendants have offered no explanation for their view that the MSA bars these claims. It is undisputed that the parties’ respective damages claims will be resolved through arbitration, but this Court is the proper venue for CytoDyn’s equitable claims pending arbitration.