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Tuesday, August 16, 2016 12:36:00 PM
As for recovery, I dont think I could have been more clear...it is unlikely that plaintiffs can recover dividends since there is no expectation of dividends and dividends are discretionary. As for the NWS, this is not a legal remedy...it is an equitable remedy. Equitable remedies can equate in $$$ thru restitution...but the undoing of the NWS is not restitution...it is an injunction. So the NWS would not immediately equate to $$$, but to action instead. If the courts retroactively abolish the NWS, then plaintiffs will likely be entitled to restitutionary equitable damages...but again, the money taken from the NWS would never belong to plaintiffs...it would belong to F/F. So in this specific case, F/F would be awarded the restitutionary damages.
So basically, no...I dont believe I see any scenario where plaintiffs will be entitled to direct money damages under claims of dividends and the NWS...unless there is fraud found (then there could be punis). NWS surplus would go to F/F, NWS undoing would effect share price and there is no right to dividends.
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