2nd Circuit Affirms Nixing of Award Due to Bad Yardstick Analysis

BVLaw
Court Case Digests
November 2, 2017
5136 Men's and Boys' Clothing and Furnishings
423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers
economic damages & lost profits
lost profits, breach of contract, expert testimony, reasonable certainty, comparable, lost business value, license agreement

Washington v. Kellwood Co. (IV)
714 Fed. Appx 35
US
Federal Court
2nd Circuit
United States Court of Appeals
Scott Barnes (plaintiffs); Gary Trugman (defendant)
En banc

Summary

Appeals court validates nixing of future lost profits award where expert calculated damages for a startup company based on revenues of market leader; court finds expert failed to use reasonable comparator, making his yardstick analysis legally unsound.

See Also

Washington v. Kellwood Co. (IV)

Appeals court validates nixing of future lost profits award where expert calculated damages for a startup company based on revenues of market leader; court finds expert failed to use reasonable comparator, making his yardstick analysis legally unsound.

This article also appears in:
Business Valuation UpdateVol. 24 No. 1