Lehman Brothers International (Europe) v AG Financial Products, Inc.: Difference between revisions

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The first question, resolved in an earlier trial, was who had the burden of proving what.  Crane J put this, as she put much in her judgment, drily:
The first question, resolved in an earlier trial, was who had the burden of proving what.  Crane J put this, as she put much in her judgment, drily:


{{q|When this trial first started, the court was skeptical about how, given such a large discrepancy, [AGFP]’s calculation could ever be reasonable. As the trial progressed, however, there was a growing realization that the marriage of catastrophic, historical financial circumstances with bespoke contractual terms, along with strong structural protections in the Securities, lent itself to the conclusion that at least LBIE’s calculations were not reasonable. ... Now, even with the benefit of that rebuttal case, and extensive post trial briefing, the court’s growing realization has crystallized to conclusion. LBIE’s valuation, that relied entirely on market prices its experts constructed for this litigation, was insufficient to meet LBIE’s burden to prove its own calculations were reasonable. }}
{{quote|When this trial first started, the court was skeptical about how, given such a large discrepancy, [AGFP]’s calculation could ever be reasonable. As the trial progressed, however, there was a growing realization that the marriage of catastrophic, historical financial circumstances with bespoke contractual terms, along with strong structural protections in the Securities, lent itself to the conclusion that at least LBIE’s calculations were not reasonable. ... Now, even with the benefit of that rebuttal case, and extensive post trial briefing, the court’s growing realization has crystallized to conclusion. LBIE’s valuation, that relied entirely on market prices its experts constructed for this litigation, was insufficient to meet LBIE’s burden to prove its own calculations were reasonable. }}


What can we learn from this:
What can we learn from this: