TMST, Inc., 8% Senior Notes (TMA.GB)

[Enterprising Investor]

Joel I. Sher, Chapter 11 Trustee for TMST, Inc. v. RBC Capital Markets Inc., United States District Court for the District of Maryland, Case No. 11-01998

Order Denying RBCs Motion for Summary Judgment; Granting Trustees Cross Motion for Summary Judgment; Entering Judgement in favor of Joel I. Sher; Denying as moot RBCs Motion to Exclude the Testimony of the Trustees Expert, Gregory W. Minard. Signed by Judge George Levi Russell, III (8/26/2015)

Source: PACER [Docket 153]

Opinion. Signed by Judge George Levi Russell, III (8/26/2015)

Source: PACER [Docket 152]

[...]The prices RBC credited to Thornburg for the retained MBS based upon the Goldman Sachs bid were $26,259,118(10) less than the August 14 TD Level. Accordingly, the Court concludes that the Trustee is entitled to summary judgment that Thornburg sustained damages in the amount of $26,259,118, plus prejudgment interest at the rate of nine-percent from August 14, 2007 through the date of judgment, as a direct and Midland Bank v. Kilbane, 573 F.Supp. 469, 471 (D.Md. 1983) (applying prejudgment interest based upon choice of law provision in contract); see also N.Y. C.P.L.R. 5001, 5004 (McKinney 2015) (providing for the rate of interest under New York law).

(10) RBC does not dispute this dollar amount.

https://ecf.mdd.uscourts.gov/doc1/09317080383