Damages and the charge

Originally published by David Coale.

The reversal of a 9-figure damages award in Credit Suisse AG v. Claymore Holdings LLC focused, in part, on the specific issue submitted to the jury: “There is no question that ‘the value of what Plaintiff received in the 2007 Lake Las Vegas Financing’ is the key question in this case for purposes of calculating contract damages. Claymore argued it was also the key question for purposes of calculating fraud damages in this case. And it does not challenge the jury’s damages finding. When the question of an asset’s past value has already been proven to a jury under a damages model neither party challenges, any suggestion that it was really never possible to calculate that value faces a strong headwind.” No. 18-0403 (April 24, 2020).

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