Re: Status of EDIG's counterclaims-DAMAGE... OWED BY EDIG COULD BE $25,000 OR LESS
posted on
Apr 26, 2009 05:16PM
No sman, this $25,000 reference you pasted is in regard to digEcor's Third Claim of Breach of the Covenant of Good Faith and Fair Dealing which the Court dismissed on 23 Apr 09.
The battery issue is found in digEcor's First Claim of Breaches of Contract, Doc 84, page 11, para 47. The Court ruled EDIG owed for the undelivered batteries and digEcor claimed they cost around $95,000 (along with 26 defective players). The judge didn’t mention anything about EDIG owing for defective players. EDIG even mentioned this ruling in this 16 Mar 09 PR excerpt but mentioned only $80,000 which is apparently only the cost of the batteries:
The Court also concluded that e.Digital failed to deliver certain batteries to digEcor, a claim that the Company has never denied. e.Digital has maintained an accrual of $80,000 for such estimated obligation as more fully discussed in the notes to its annual and interim financial statements.
I guess the final amount will be decided at trial when the judge views the evidence.