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[QUOTE="Crusty, post: 811936, member: 2265"]
In the end, I will bet that a NC court, state or federal, will not let MD off the hook. Moreover, this is an important case and will certainly set a precedent for ACC disputes in the future including any involving GOR.

I have repeatedly been advised that a liquidated damages clause that is considered disproportionate to the actual harm is unenforceable on grounds of public policy as a penalty.  It seems to me that it is clear the ACC can't set a totally arbitrary exit fee. It has to be based on some reasonable determination of damages. If the exit fee was a billion dollars the court would certainly not enforce it so the ACC certainly has to defend the amount on some basis. I doubt the ACC lawyers are going to simply say the exit fee is the exit fee and we don't have to defend the amount.

We always tried to set LD clauses as reasonably as possible and still had no success - judges just don't like them.

From what I can tell, this is the main issue remaining in the case and the only hope that MD has to get the amount reduced. (I have no idea why they did not pursue the procedural issue.)
While,

The GOR will also be subject to the same issue, however I would guess that those damages are easier to quantify.
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