Proper Damages Measure Is Lost Profits Calculation, Not DCF-Based Loss Analysis

BVLaw
Court Case Digests
October 1, 2020

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3312 Steel Works, Blast Furnaces (Including Coke Ovens), and Rolling Mills
331110 Iron and Steel Mills and Ferroalloy Manufacturing
economic damages & lost profits
damages, lost profits, breach of contract, discount rate, expert testimony, merger, discounted cash flow analysis
Precision Kidd Acquisition, LLC v. Pass
2020 Pa. Super. Unpub. LEXIS 3103
US
State Court
Pennsylvania
Superior Court
Christopher Gregory (appellant/buyer); Thomas Pratt (appellee/seller)
Bender

Summary

In merger-related damages case, court upholds damages based on profits lost from key client’s termination of supply agreement with seller company; trial court properly rejected buyer expert’s DCF-based loss analysis which, among other flaws, overstated value of lost contract to seller company.

See Also

Precision Kidd Acquisition, LLC v. Pass

Full Text of Court Cases
October 1, 2020

In merger-related damages case, court upholds damages based on profits lost from key client’s termination of supply agreement with seller company; trial court properly rejected buyer expert’s DCF-based loss analysis which, among other flaws, overstated value of lost contract to seller company.

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