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· 5/28/2013

David Homoki v. Conversion Services, Inc.

Citations

  • 717 F.3d 388
  • 2013 WL 2319272
  • 2013 U.S. App. LEXIS 10715

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[W]hile a jury must have an evidentiary basis for its findings, the loss need not be susceptible to exact calculation.”
  • “Typically, we look to the pleadings and the pretrial order to determine whether proper notice of an issue was given before trial.”
  • “[I]n a diversity case state law governs what damages are available for a given claim and the manner in which those damages must be proved.
  • “The plaintiff is required to give fair notice in the pleadings of all claims brought against the defendant.”
  • liability for civil conspiracy “depends on participation in some underlying tort for which the plaintiff seeks to hold at least one of the named defendants liable.”
  • “The law governing what damages are recoverable is substantive, and therefore in a diversity case state law governs what damages are available for a given claim and the manner in which those damages must be proved.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginson, Foote

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.