Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value

BVLaw
Court Case Digests
November 13, 2019
3674 Semiconductors and Related Devices
334413 Semiconductor and Related Device Manufacturing
economic damages & lost profits
breach of contract, expert testimony, economic damages & lost profits, projections, reasonable certainty, lost business value

IceMOS Tech. Corp. v. Omron Corp.
2019 U.S. Dist. LEXIS 196610, 2019 WL 5960069
US
Federal Court
Arizona
United States District Court
Walter Bratic, Uzi Sasson, Greg Mischou (plaintiff); unknown (defendant)
Teilborg

See Also

IceMOS Tech. Corp. v. Omron Corp.

In contract dispute, court says claims for lost profits and lost business value fail because, for both, plaintiff is unable to determine damages with reasonable certainty; relying solely on projections of future performance, without any proof of profit, is not enough under New York law.

This article also appears in:
Business Valuation UpdateVol. 26 No. 2