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Originally Posted by fjtorres
Or the court might look at other BPH contracts that offer up a nominal 25% (before funky accounting schemes) as fair comparables.
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Or, they might disregard the argument altogether, since the court isn't obliged to cherry-pick the contract in the same way as the plaintiffs.
Don't get me wrong, the plaintiffs' attorneys are doing their job. The thing you need to keep in mind is that their job is to wring as much money as possible out of a corporation for themselves as possible -- oh, and for their clients too. As such, their claims (and Harlequin's) should not be accepted uncritically.
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Originally Posted by fjtorres
The plaintiffs seem to have multiple roads to victory...
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They're presenting multiple legal arguments, which is absolutely normal for a lawsuit.
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Originally Posted by fjtorres
Harlequin just one--summary judgment. Failing that, they'll lose.
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Incorrect.
Harlequin would need to have an exceptionally strong case to get a dismissal or summary judgment. However, if they can't get the case dismissed outright, they could still go to trial and have a favorable outcome.
More likely is that they'll do the usual legal jockeying for awhile, then settle.