Court Sets Aside Big Lost Profits Award Based on Bad Yardstick Analysis

BVLaw
Court Case Digests
September 30, 2016

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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, daubert, expert testimony, admissibility, reliability, lost business value, license agreement
Washington v. Kellwood Co. (III)
2016 U.S. Dist. LEXIS 136612
US
Federal Court
New York
United States District Court
Scott Barnes (plaintiffs); Gary Trugman (defendant)
Netburn

Summary

Court reconsiders earlier order for retrial on lost value damages, finding plaintiffs “had no intention of pursuing a realistic damages award” and lack admissible evidence supporting multimillion-dollar value claims; instead, court awards one dollar.

See Also

Washington v. Kellwood Co. (III)

Full Text of Court Cases
September 30, 2016

Court reconsiders earlier order for retrial on lost value damages, finding plaintiffs “had no intention of pursuing a realistic damages award” and lack admissible evidence supporting multimillion-dollar value claims; instead, court awards one dollar.

Court Sets Aside Big Lost Profits Award Based on Bad Yardstick Analysis

BVLaw Case Update
December 2016

Court reconsiders earlier order for retrial on lost value damages, finding plaintiffs “had no intention of pursuing a realistic damages award” and lack admissible evidence supporting multimillion-dollar value claims; instead, court awards one dollar.

This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition