6 ms·
> My point is that this is a ridiculous penalty for the violations alleged, and simple punitive damages for misrepresented information would have been appropria
by aw1621107 3y ago
> My point is that this is a ridiculous penalty for the violations alleged, and simple punitive damages for misrepresented information would have been appropriate. A "slap on the wrist", as it were.
Is a fine even possible as a remedy here under Delaware law? Tornetta didn't ask for it, there appears to be no discussion of a fine even as a possible remedy in the decision, and I'm not sure whether Delaware law allows for a fine in the first place.
The closest thing is the discussion about the defendants failing to "identify any logically defensible delta between the unfair Grant and a fair one", so the court was basically left with leaving the grant intact or ordering recission, and it seems in that case the general bias is against the wrongdoer.