Disputed sale of former Coolmore broodmare Love Me Only

BaroqueAgain1
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Tue Oct 28, 2014 3:53 pm

The latest on Paulick:
http://www.paulickreport.com/news/blood ... final-day/
Coolmore has brought in a number of heavy-hitter expert witnesses, who, FWIW, are being paid mucho $ for their testimony. No chance of bias there. :roll:
To answer the question of for what, exactly, Summer Wind is asking, the article says this:
"Summer Wind sued to return Love Me Only to her prior owners, have their purchase price refunded, and receive punitive damages."
mimi6920
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Tue Oct 28, 2014 5:36 pm

BaroqueAgain1 wrote:"Summer Wind sued to return Love Me Only to her prior owners, have their purchase price refunded, and receive punitive d
I understand the punitive damages. I don't understand how they can pretend this sale never happened. I believe she is in foal. So by returning her, Summer Wind would have to eat that stud fee. Even if they try to her owner, Coolmore to pay that stud fee, I would think Coolmore could make a case that they would not have bred her to said stallion if they owned her; therefore, it would be unfair to make them pay a stud fee for a breeding they did not choose.

Also, I know her first foal for them was an RNA, but they obviously sold him at some point. By voiding the sale, that money would have to be returned to Coolmore to compensate them for a horse they would have owned if they owned the mare.

I can't envision anything other than punitive damages here because that would be too hard to unravel given all the debits and benefits of owning this mare that have accrued over several years.
Admin
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Tue Oct 28, 2014 5:58 pm

mimi6920 wrote:
BaroqueAgain1 wrote:"Summer Wind sued to return Love Me Only to her prior owners, have their purchase price refunded, and receive punitive d
I understand the punitive damages. I don't understand how they can pretend this sale never happened. I believe she is in foal. So by returning her, Summer Wind would have to eat that stud fee. Even if they try to her owner, Coolmore to pay that stud fee, I would think Coolmore could make a case that they would not have bred her to said stallion if they owned her; therefore, it would be unfair to make them pay a stud fee for a breeding they did not choose.

Also, I know her first foal for them was an RNA, but they obviously sold him at some point. By voiding the sale, that money would have to be returned to Coolmore to compensate them for a horse they would have owned if they owned the mare.

I can't envision anything other than punitive damages here because that would be too hard to unravel given all the debits and benefits of owning this mare that have accrued over several years.
It's complicated by the fact that the suit involves a living, breathing animal, but it can all be sorted out and it can't all benefit Coolmore. If they're found to be in the wrong here, then the fact that they haven't had the mare on their farm this whole time, giving foal to the Sea the Stars and other offspring, is their fault. They could've rectified the situation back then, just days after the sale, by giving Summer Wind their money back and moving the mare to their farm.
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ThreeMustangs
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Tue Oct 28, 2014 9:36 pm

Ray Paulick @raypaulick 2h
After nearly five hours of deliberating Love Me Only lawsuit, probably not a good sign that jury is having pizza delivered to courthouse.
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Wed Oct 29, 2014 1:30 pm

ThreeMustangs wrote:Ray Paulick @raypaulick 2h
After nearly five hours of deliberating Love Me Only lawsuit, probably not a good sign that jury is having pizza delivered to courthouse.
When reporters shouldn't act like they know about the legal system. It's not that abnormal and often times is not really up to the jury when they get food.
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serenassong
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Wed Oct 29, 2014 2:04 pm

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Diver52
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Wed Oct 29, 2014 3:14 pm

One standard measure of fraud damages is "what did you pay, less what is she worth?" It would be possible to figure out what a willing buyer would have paid for the mare knowing her issues--not easy, and obviously somewhat speculative, but possible. But I agree that the possibility of punitive damages is what's keeping this case afloat.
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