Plaintiffs’ Obligation to Cooperate

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Mr. Volsky offers proposed model language for the duty to cooperate after his insightful post. Mr. Voksky suggests a different, joint formulation for the duty to cooperate and inform than the one in the model contract. In addition, he suggests imposing a duty not to abandon the claim.

The plaintiffs’ duty to cooperate with their legal team undergirds the investment decision. At the time of the investment, the prospect of recovery is completely speculative, since no legally exercisable right yet exists to compel the defendant to make payment. … Continue reading

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