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Navidea Biopharmaceuticals, Inc.

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Msg  33402 of 33635  at  12/1/2020 1:10:59 PM  by


The following message was updated on 12/1/2020 1:15:34 PM.

 In response to msg 33401 by  deut8:18
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Re: Listen to Del trial live

duet: ...about damages....
I had to peel away at 10:45 for a meeting and did not call back in until just before 12:30 recess.  First thing in the morning one of MG's attorneys objected to any evidence regarding damages being admitted at trial because they had asked during discovery for damages specifics and claim that MT was unresponsive and MT should not be allowed to "blindside" them with specifics that his side did not have time to prepare a rebuttal.  He said that he only learned yesterday that damages included $700,000 in attorney fees.  At that pretrial motion the judge said he would be asking each side to address this objection in post-trial briefs and would not rule on sustaining or overruling the objection at this time.  From what I heard just before the trial went into lunch recess, the judge said the same thing and told MG's atty he did not need to repeatedly object to damages evidence, that there is an "umbrella objection" and he (the judge) will consider whether to give any weight to the damages testimony if he finds that MT did not comply with discovery regs.  To answer your question about why MT did not previously tell MG's counsel about what damages they are seeking, I really don't know, except that in Delaware damages (other than nominal) is not an element of Breach of Fiduciary Duty.  If all that NAVB gets is attorney fees that could be a significant amount.
  Of interest in this morning's testimony, JL said that MG told him in Oct of 2018 that he (MG) personally owned IP vital to NAVB's and MT's success and that he was willing to "sell back" that IP to NAVB.  JL said he had absolutely no idea what MG was talking about and that MG could not, under contractual agreements with NAVB and MT, claim personal ownership of any IP developed while he was an employee of either company.  MG responded, "just wait and see".

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Msg # Subject Author Recs Date Posted
33403 Re: Listen to Del trial live moneyonomics 7 12/1/2020 3:04:45 PM
33404 Re: Listen to Del trial live moneyonomics 7 12/1/2020 5:45:18 PM

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