wrongdoer rule in Delaware

2015The statute unambiguously imposes “automatic liability on a wrongdoer for violation of a statute’s terms without reference to any actual damages suffered,”52 or the dictionary 48 Id. 49 Id. at 195. 50 Delaware Bay Surgical Services, P.C. v. Swier, 900 A.2d 646, 650 (Del. 2006) (quoting S.H.

2015The statute unambiguously imposes “automatic liability on a wrongdoer for violation of a statute’s terms without reference to any actual damages suffered,”53 or the dictionary 49 Id. 50 Id. at 195. 51 Delaware Bay Surgical Services, P.C. v. Swier, 900 A.2d 646, 650 (Del. 2006) (quoting S.H.

2015The statute unambiguously imposes “automatic liability on a wrongdoer for violation of a statute’s terms without reference to any actual damages suffered,”52 or the dictionary 48 Id. 49 Id. at 195. 50 Delaware Bay Surgical Services, P.C. v. Swier, 900 A.2d 646, 650 (Del. 2006) (quoting S.H.

2015Legacy Found., 903 A.2d 728, 738 (Del. 2006)) (“It is well-settled in Delaware that, in ascertaining the meaning of words not defined in a contract, courts ‘look to dictionaries for assistance in determining the plain meaning of terms which are not defined in a contract.’”). 47 Black’s Law Dictionary 562 (4th Pocket Ed. 2011). 27 for a violation of a statute or regulation.” A statutory penalty is a “penalty imposed for a statutory violation; [especially], a penalty imposing automatic liability on a wrongdoer for violation of a statute’s terms without reference to any actual damages suffered.”4

2015The Court Of Chancery Relied On Post-Breach Evidence For A Limited And Proper Purpose The Court of Chancery correctly noted that “[u]nder Delaware law, the standard remedy for breach of contract is based on the reasonable expectations of the parties that existed before or at the time of the breach.” 138 The court also properly acknowledged that PharmAthene must show that there would be some future profits, but after this showing, the amount of such profits may be an estimate. 139 SIGA does not dispute that the court could consider post-breach evidence when determining the reasonable expectatio

2015The Court Of Chancery Relied On Post-Breach Evidence For A Limited And Proper Purpose The Court of Chancery correctly noted that “[u]nder Delaware law, the standard remedy for breach of contract is based on the reasonable expectations of the parties that existed before or at the time of the breach.” 138 The court also properly acknowledged that PharmAthene must show that there would be some future profits, but after this showing, the amount of such profits may be an estimate. 139 SIGA does not dispute that the court could consider post-breach evidence when determining the reasonable expectatio

2023The Wrongdoer Rule AbbVie argues that, in addition to this reduced burden, “[a]ny uncertainty in the damages calculation that can be traced to Takeda’s breaches is presumptively resolved against Takeda” under the so-called “wrongdoer rule.”33 For its part, Takeda contends that “the wrongdoer rule [only] applies to bad-faith or willful breaches.”34 This Court has previously acknowledged the inherent imprecision involved in crafting a remedy based on a hypothetical “but-for” world in which no breach occurred.35 This complex reality is reflected in the discretion afforded to trial courts in shapi

2021The wrongdoer rule is a “corollary to [the] presumption” that “doubts about the extent of damages are generally resolved against the breaching party.” PharmAthene, 132 A.3d at 1131 .

2021That rule provides that when the “defendant’s wrongful act” causes uncertainty in estimating damages, “justice and sound public policy alike require that he should bear the risk of the uncertainty thus produced.” Story Parchment Co. v. Paterson Parchment Paper Co., 282 U.S. 555, 565 (1931).