Replies to post #93687 on Pacific Gold Corp fka PCFG

[foxwoodsfan]

Triple damages can usually be recovered if the defendant or counterclaimant can prove that the original suit was filed erroneously with intent to disrupt damage or destroy the defendants business plan, or to purposely delay a financial transaction which causes the defendant or counterclaimant to suffer financial hardship usually of an extreme nature.

[blue dog]

PCFG's counterclaim asks for damages, including legal fees/court costs, but PCFG does not specifically ask for treble damages (as far as I have seen and not in the counterclaim's requested relief). PCFG also alleges the breach of various duties and alleges a duty to indemnify and hold PCFG harmless.

Without any specific knowledge of the case, that suggests that PCFG might recover its legal fees/court costs, but likely nothing more (i.e., break even, without profit).

Now if the lawsuit damaged PCFG's ability to obtain financing on advantageous terms, perhaps PCFG could prove non-speculative damages above and beyond its legal fees/costs, but even that would be recovering money spent because of BME, not profit.

Go $PCFG, Go