Ex Correct-just uncertain of the amount to be rewarded.
Agree completely. The court limited the claim to breach of contract, and has already ruled that that is limited by the contract terms. My guess would be they capped that at the contract dollar amount, which is likely around $1M or so.
In short, PPHM will not make any money off this suit. Lawyers will.
Nor does this CA case matter. All this is nonsense.
The only trial that matters is not in the judicial system.
Purely technically speaking PPHM (and actually any company) should not make money out of a lawsuit be see right done and damages covered.
PPHM has been VERY mild with CSM. No filing for 'intend' while Masten said it was (it could not be done by just error), then waiting endlessly to serve CSM (almost last day), and by not filing for an intend related claim lawyers MUST have know that the damages would be capped by the contract terms. It is also strange that the lawyers add constructive fraud to the claims and in NO WAY ever make an argument proving intend (with the exception the said in the first files that they would prove certain thing during the trial).
So question is, can they appeal this decisions claiming that if until now they fail to argument the intend (as the Judge says) it is because they were going to do that on the Jury Trial? Or does it all have to be in filings before the trial starts and no new information may surface during the trial.