While I’ve found great research supporting most of my case in the PACER system, Cause of Action #10 is still lacking. The law firm that I contracted with in India responded that they couldn’t find any case law to support this action. Very disappointed in their follow through.
Instead of giving up, I decided to do a little research on my own. After spending the better part of day learning how to research case law using a combination of google and fastlaw, I was able to find this reference:
A cardinal principle of law is that in the absence of punitive damages a plaintiff can recover no more than the loss actually suffered. “When the plaintiff has accepted satisfaction in full for the injury done him, from whatever source it may come, he is so far affected in equity and good conscience, that the law will not permit him to recover again for the same damages.” Lovejoy v. Murray, 70 U.S.(3 Wall.) 1, 17, 18 L.Ed. 129 (1865).
Now, simply a matter of completing my motion, adhering to all of the formatting and procedural requirements of Federal Court, and filing my response.