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> There should be punishment, but basing it on the losses from peak is very strange and not realistic.

Isn't this the usual protocol for damage suits in general?

As I understand it, plaintiffs should plan for a 10x or even 100x reduction in damages awarded even under ideal suit outcomes, so you put as big a number on the table as possible (as big as can plausibly be derived from discovered metrics), as it is likely to be decimated anyway.




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