Duncan v. Theratx, Inc.

How courts have described this case

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

• holding that the court may not award speculative damages in a breach of contract case
• explaining that “the issuer’s breach at least in some sense is a temporary ‘conversion’ of the shares[]”
• explaining that expectation damages are “measured by the amount of money that would put the promisee in the same position as if the promisor had performed the contract”
• observing that uncertainty regarding future events that are “impossible to know” should not be resolved against the defendant (citing Madison Fund, Inc. v. Charter Co., 427 F. Supp. 597, 608 (S.D.N.Y. 1977))
• explaining this principle in the context of a breach of contract for suspension of trading period for restricted stock
• finding the methodology “satisfactory” based on its review of the circumstances of the case

Source: CourtListener parenthetical corpus (CC0).