The Neiman Marcus Lawsuit: A Brief Overview
- by Ayden
A Neiman Marcus lawsuit happens whenever an individual feels that they have been the victim of a breach of their contractual relationship with their business, and they are seeking damages for this breach of their fiduciary duty. Fiduciary is the word used to explain the relationship a company has with its customers, and it means that these individuals must always exercise what obligations are required of them by the company to avoid any potential conflicts of interest. In many cases, plaintiffs feel that they were the victims of fraud or some other injustice because they did not follow what the company told them was the best course of action in terms of how they could deal with a particular situation. The company is being held accountable, and through the use of this special forum called the lawsuit, they will be able to be brought to account.
Plaintiffs are often entitled to damages when they have suffered a breach in the duty of care. In the case of a Neiman Marcus lawsuit, this means that the plaintiff must show that they have been injured or suffered some harm as a direct result of the company’s conduct. This can include anything from having their car or home damaged to losing a job due to being unable to keep up with the amount of work they require to remain successful. The company is also being held accountable because they violated their own regulations and failed to do what they said they would do. When class-action lawsuits filed under these guidelines are successful, the defendant will pay damages to all plaintiffs.
If the company does not appeal the ruling of the appeals court, then there may be no damages awarded. However, if they do appeal, they may increase the damages awarded or even try to have the matter dismissed. There is a large exception to this rule called the Realtor Rule, and the Realtor must, by law, notify the plaintiffs of their right to appeal. It is also very possible for a Judge to order extra damages if he rules that the breach of fiduciary duty was intentional, but this is an extremely rare occurrence in Class-Action Lawsuits.
If the company has admitted to the fraudulent charges or has admitted to withholding the facts of the breach, there may be additional deference given to the complaint. But, if there is still evidence of fraud, plaintiffs may be able to sue for actual damages instead of just compensatory or exemplary damages. This is referred to as the punitive damages in legal terms, and is usually the basis for the ability of plaintiffs to get further financial damages through additional lawsuits. This is an important distinction to remember when filing a lawsuit.
The second issue that goes into the calculation of the class size in a racial discrimination lawsuit filed by an African-American plaintiff is whether or not the complaint shows that actual or prospective class members have been subjected to any kind of systemic, official, unfair or bias employment practice… download MP3. This is pretty easy to know… but many plaintiffs simply do not understand it enough to do their best in filing the lawsuit. It’s not enough to simply say that they have been subjected to racial discrimination, and that they are African-American. plaintiffs should be able to show evidence of this, whether or not it has happened. If they can point to examples, or even specific instances, they may have a stronger case for pursuing a racial discrimination lawsuit.
Whether or not the complaint focuses on the totality of the complaint, or on any one facet alone, every element of the complaint should be brought into the glare of the courts. Whether or not the company has admitted to or even believes that it acted unreasonably, or with intent to discriminate against the plaintiffs, it should be found in civil court. Anecdotal evidence is not sufficient to support a lawsuit; even though it may be very damaging to a company in its entirety, it may not be enough to damage a company where the sole reason for the discrimination is a personal, viewpoint-based judgment about the merits of the complaint. Thus, it is absolutely essential to bring every facet of the complaint into the realm of notice for the purposes of review by a neutral and just court. For more information, visit the law firm of Neiman Marcus today.
A Neiman Marcus lawsuit happens whenever an individual feels that they have been the victim of a breach of their contractual relationship with their business, and they are seeking damages for this breach of their fiduciary duty. Fiduciary is the word used to explain the relationship a company has with its customers, and it means…
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