This case has been cited 2 times or more.
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2012-06-13 |
DEL CASTILLO, J. |
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| For such wrongful preliminary attachment, plaintiffs may be held liable for damages. However, Equitable is entitled only to such damages as its evidence would allow,[76] for the wrongfulness of an attachment does not automatically warrant the award of damages. The debtor still has the burden of proving the nature and extent of the injury that it suffered by reason of the wrongful attachment.[77] | |||||
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2008-11-25 |
AUSTRIA-MARTINEZ, J. |
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| In so ruling, however, the Court does not go so far as to grant petitioners' claim for moral damages. A wrongful attachment may give rise to liability for moral damages but evidence must be adduced not only of the torment and humiliation brought upon the defendant by the attaching party but also of the latter's bad faith or malice in causing the wrongful attachment,[64] such as evidence that the latter deliberately made false statements in its application for attachment.[65] Absent such evidence of malice, the attaching party cannot be held liable for moral damages.[66] | |||||