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An 11-employee Independent U.S. film distributor, Wolfe Video, has had its profits halved due to piracy and costs to mitigate damages from piracy, according to The Wall Street Journal.
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Under the mitigation of damages doctrine, a party that suffers damages as a result of a breach of contract has a legal duty to mitigate those damages by taking reasonable action, wherever practicable, to avoid additional injury and minimize its loss.
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The courts then completely cooperated, awarding UAL the necessary rulings in bankruptcy and denying all worker legal attempts to mitigate its damages.
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The Dow Jones portfolio fund managers would likely also liquidate those equities so as not to get caught in the cross-fire between competing Shariah authorities and to thereby mitigate claims for damages arising out an allegation that the fund manager knew or should have known that the Dow Jones Shariah advisory board did not properly adhere to authoritative Shariah principles.
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"The filtering technology may mitigate Viacom's damages, but the clock mostly stopped ticking on new violations when this lawsuit began" in March, Boehm contends.
FORBES: Magazine Article