2)
recent legal decisions, favoring idt:
Idt v. morgan stanley dean witter & co., et al.
this is a case within a case (the original case was idt v. telefonica, which settled as a result of arbitration, though for far, far less than idt was seeking.
this reversal of the conclusion of court has become interesting for a number of reasons, including.
first, morgan stanley had both idt and tyco as clients. earlier this year, a court ruled in favor of morgan stanley, dismissing idt’s claims.
idt appealed the ruling, and in a rather rare occurrence, the higher court reversed the conclusion of the lower court, albeit utilizing other grounds in coming to a different conclusion.
second, it would be very interesting to see a restatement of what the issues now are, and learn what the extent of liability now is, should a court go on to rule (after this point in time), in idt’s favor. as a caution, there is no way of knowing what a court might decide in the end, or how much could be awarded. as a further caveat, the award to idt in the original idt v. telefonica was for far, far less than idt was seeking, though it is also the case that morgan stanley did not provide a complete discovery of documents in the idt v. telefonica case, when a request for documents was made by idt.
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idt v. morgan stanley-----
(march 2009 decision against idt, and the basis for that ruling):
findarticles.com
prior history of case, which was drawn on in rendering the decision against idt –
law.cornell.edu
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SUBSEQUENT DECSION, coming out of idt’s appeal (june 2009 decision), ruling in favor of idt at this point in time, and the basis for the reversal of the decision of the trial court:
nysmallbusinessattorney.com
deweyleboeuf.com
outsideinhouselawyer.com
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relevant summary. ‘bold’:
josephnyc.com |
