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Be Certain of The Sum Certain

Client Alert | less than 1 min read | 12.04.07

The ASBCA in Rex Systems, Inc. (Nov. 6, 2007), gave a painful reminder that, without a sum certain stated in a claim, it has no jurisdiction. After over two years of litigation in the appeal, the government raised in its post-trial brief that the claim, which requested a 15% license fee "at a minimum," does not state a sum certain, and the board agreed, dismissing the appeal at that stage.

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....