Replies to post #826603 on NorthWest Biotherapeutics Inc (NWBO)

[Steady_T]

Do you have any evidence of the additional claims you suggest?
So far all I have seen is the securities violations.

I have not paid for pacer so I only see what gets posted.

[sage007]

“The court already narrowed the surviving damages to specific stock sales tied to closing prices on alleged spoofing dates. “Cancer Company versus Wall Street” may make for a great movie, but the legal question is still what damages can be tied to the specific transactions the court allowed.”

The narrowed limit is not the end. Discovery could allow for that number to be changed. As a matter of fact, other defendants can be added, and/ or even another lawsuit can be filed. So the narrowed limit was agreed to by Cohen strategically to proceed with discovery.

[brazen22]

You are mixing up federal court with federal securities claims. I did not say a federal jury can never award punitive damages. I said punitive damages are not available on the federal securities claims. Any punitive damages would have to come from the New York fraud claim, and even then they are not automatic or unlimited. A 2x or 3x actual damages punitive award may be realistic in some cases, but using punitive damages to reach whatever number sounds good is like dropping a hook in a goldfish bowl and expecting to land a marlin.

You also skipped the settlement problem. You have argued the case would settle before a jury ever takes the seat. But if you believe the real money comes from an angry jury awarding punitive damages, then you need a trial and a jury verdict. If NWBO won at trial, any payday could still be years away due to post trial motions and appeals. But if the defendants settle before the jury ever hears the case, there is no jury punitive damages award. A settlement may price in litigation risk, including the risk of punitive damages under the New York fraud claim, but it is still a negotiated resolution, usually with no admission of liability and often for less than the claimed damages.

Canaccord already settled, and NWBO has hinted at settlement talks with other defendants. That supports the settlement path, not the angry jury path. NWBO also cannot recover the same injury twice, so settlements can reduce or offset what remains recoverable against other defendants depending on allocation and responsibility.

At the end of the day, the federal securities claims remain tied to actual damages. Any shot at punitive damages has to come from the state law claim, and that is much narrower and more speculative than the “jury gets mad” version being sold here.