Court Concludes Plaintiff Cannot Satisfy Three-Part New York Lost Profits Test

BVLaw
Court Case Digests
October 29, 2018
5112 Stationery and Office Supplies
424120 Stationery and Office Supplies Merchant Wholesalers
economic damages & lost profits
lost profits, breach of contract, expert testimony, projections, reasonable certainty, but for causation, license agreement

MY Imagination v. M.Z. Berger & Co. (I)
2018 U.S. Dist. LEXIS 184346
US
Federal Court
Federal
United States District Court
Rodney Crawford (plaintiff); unknown (defendant)
Cohn

Summary

Court says plaintiff fails New York test for lost profits; plaintiff lacks coherent damages theory and, by its own admission, is unable to do more than speculate about future profitability; expert calculation represents “the sort of conjecture the reasonable certainty standard prohibits.”

See Also

MY Imagination v. M.Z. Berger & Co. (I)

Court says plaintiff fails New York test for lost profits; plaintiff lacks coherent damages theory and, by its own admission, is unable to do more than speculate about future profitability; expert calculation represents “the sort of conjecture the reasonable certainty standard prohibits.”

My Imagination v. M.Z. Berger & Co. (II)

Court denies plaintiff’s motion for reconsideration, affirming earlier finding that the expert did not offer an opinion as to damages for loss of business value; expert never offered any opinion of business’s value at any time, court says.

This article also appears in:
Business Valuation UpdateVol. 25 No. 2