Fluid Concepts, Inc. v. Da Apartments Ltd. Partnership

How courts have described this case

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

• concluding that trial court had erred in granting summary judgment to defendant where defendant had presented no evidence supporting denial of liquidated damages, despite plaintiffs failure to provide any proof in support of such damages
• concluding that trial court had erred had lost significant profits (as, presumably, he was in- in granting summary judgment to defendant where de- tending to reinvest the money once received
• concluding that trial court had erred in granting summary judgment to defendant where defendant had presented no evidence supporting denial of liquidated damages, despite plaintiff's failure to provide any proof in support of such damages
• concluding that trial court had erred in granting summary judgment to defendant where defendant had presented no evidence supporting denial of liquidated damages, despite plaintiff’s failure to provide any proof in support of such damages
• “[T]he party asserting that a liquidated damages clause is, in fact, a penalty provision has the burden of proving this defense.” (alteration in original) (citation omitted)

Source: CourtListener parenthetical corpus (CC0).