How damages are usually measured

Securities class actions against REITs are usually valued as a share of estimated investor losses, shaped heavily by how strong the pleaded facts are at the motion-to-dismiss stage. Fiduciary claims against boards or sponsors turn on whether a specific self-dealing transaction can be identified and its cost to investors measured.

General background, not legal advice; the rules vary by state and by the documents in your deal.

What the calculator asks about

These are the facts it pulls from your description or documents for a REIT securities or fiduciary claim:

  • Is a stock-price drop tied to a misrepresentation/omission alleged?
  • Estimated aggregate investor losses
  • Is there criminal conduct, an auditor co-defendant, or controlling-shareholder self-dealing alleged?
  • Is a board/sponsor fiduciary-duty breach alleged?
  • Is it tied to a specific, quantifiable self-dealing transaction?
  • Is a material omission in proxy/vote materials alleged?
  • Is a specific undisclosed insider financial stake alleged?
  • Is this a merger/sale-terms objection suit?
  • Is a specific self-dealing payment to a controlling insider alleged as part of the merger itself?
  • Is the Rule 10b-5 claim currently at, or before, the motion-to-dismiss stage?

How it did on real cases

In CREdocket's published backtest (v4.3), the calculator's range contained the final outcome in 0 of 1 REIT securities or fiduciary claim cases, and in 17 of 32 cases across all categories. Each case below was run through the live calculator on a verbatim excerpt of the court's statement of facts and each side's contentions, with every sentence stating an award, finding or holding removed, then scored against the final result after any appeal.

  • Wheeler Real Estate Investment Trust stockholder class action

    U.S. District Court for the Eastern District of Virginia, Norfolk Division · Sep 13, 2024 · analyzed for the shareholder / plaintiff class
    Calculator range: $19.86M – $34.84M Final outcome: $7.13M Outside the range

    Read the decision ↗

Full backtest results and method →

Case Value Calculator · free beta

Get a range for your own REIT securities or fiduciary claim

Describe both sides' positions, or upload the lease, loan documents, pleadings or appraisals. The estimate needs both sides' facts; a one-sided complaint alone is not enough to value a case. Sign-in is email only.

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Estimates are probability-weighted ranges from the facts you provide, not a prediction of any court's ruling and not legal advice.