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Message: [QUOTE="Crusty, post: 811582, member: 2265"] I have probably had 25 cases with liquidated damages totally ignored by district judges. They don't even bother to comment on them. My attorneys have all told me that the judges will only uphold them in very specific circumstances. I told them that just couldn't be but they were right. I forget all of the circumstances but I remember one was that the damages had to be such that they could not be foreseen (determined) at the time of the agreement. For that reason they had to be reasonable and not penal in nature. If MD can convince the NC Court (good luck) that the LD is simply a penalty that is well beyond any damages they could theoretically prevail. Personally, I don't think they have a chance in hell for the reasons you mentioned. Didn't the court just rule against their procedural argument or is there a different one? [/QUOTE]