“In my opinion the damages happen each quarter that I own junior preferred and the seniors get a dividend while I do not. So it seems to me that anyone who has held a junior preferred through a dividend period has standing to show damage.
Or - would they argue that I saw that dividends were not being paid at the time I bought - the 3rd amendment was in place legal or not - and thus I should have expected to not get any dividends until the NWS ended?”
You pretty much got it on the head right there. Part of standing is being able to prove damages. Expectation of damages plays a big part here...
“To me an analogous situation would be: I see guys with guns coming down the sidewalk stealing wallets from everyone in the line I'm waiting in to buy the new iPhone 47. I see the risk but do not want to lose my place in line. Do I lose standing to say I was robbed when I didn't flee the area before they got to me? (I was hoping that cop standing between me and the robbers would stop them)”
This isn’t analogous in my opinion since you are referring to a crime...and no one can ever “expect” to be the victim of a crime. Also, you don’t have “standing” in criminal cases since those are brought by the state, not by the party injured.
To me, a better analogy is in a lease agreement that explicitly states no subleasing is allowed. If I rent a place from a guy and he says no subleasing is allowed, and then I sublease, he can sue to cancel the contract due to a breach. If, however, he accepts rent from my subleasee for a few months, then he has accepted the change in the arrangement thru his knowledge of the subleasee and would likely lose his standing to sue for breach due to his knowledge of the sublease and acceptance of payments with that knowledge.
No matter what people on this board say, breaches do not happen in a bubble. Knowledge is a factor.
