The Comprehensive Guide to Economic Damages, Seventh Edition
Welcome to The Comprehensive Guide To Economic Damages, 7th Edition. This publication is about financial evidence: how to gather it, interpret it, and tell its story in a lawsuit or litigation setting.
The guide includes representational analysis as well as digests and full text of case law on financial damages. Here you are able to search related case law via case type, court, state/jurisdiction and more. Begin your research now.
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Metro Tech Corp. v. TUV Rheinland of N.A.
First-Time Lost Profits Expert Challenged for Using Ibbotson Multiples
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
Glattly v. Air Starter Components, Inc.
Defendant’s Rebuttal of Lost Profits Damages Does Not Form Independent Basis for Award
Court reverses $770,000 jury award for tortious interference and misappropriation of trade secrets based on expert’s failure to show that plaintiff would have made 100% of defendant sales.
Rebelwood Apts. RP, LP v. English
Mississippi High Court Rejects Earnings Capacity Approach
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Brighton Collectibles, Inc. v. Coldwater Creek, Inc.
Marketing and Financial Experts Clear First Hurdle in Copyright Infringement Case
Good use of marketing and financial expert defeats summary judgment and Daubert motions related to claims of lost profits arising from copyright infringement.
Manpower, Inc. v. Insurance Co. of Pennsylvania (I)
Expert’s Analysis of Business Interruption Loss Breaks Over Selection of Growth Rate
Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.
Funai Electric Co. v. Daewoo Electronics Corp. (II)
Federal Circuit Court Affirms Requirements for Entire Market Value Rule
Federal Circuit Court upholds application of entire market value rule to calculation of patent infringement damages when plaintiff showed that patented features of apparatus was basis for consumer demand.
LaserDynamics, Inc. v. Quanta Computer, Inc. (I)
Federal district court finds $52 million damages award for patent infringement excessive, based largely on improper allocation of the entire market value rule by the plaintiff’s expert.
Anchor Savings Bank v. United States
Winstar Bank Claims Lost Profits During Contract; Feds Argue FMV at Breach
Federal court confirms damages award in Winstar case based on lost profits of a company that bank was forced to divest as a result of the government’s breach.
i4i Ltd. Partnership v. Microsoft Corp. (II)
Appraisers Win One, Attorneys Lose in Microsoft’s Attempt to Reverse $200 Million Award
Court denies Microsoft’s request to set aside $200 million patent infringement damages award based on unreliability of reasonable royalty rate and other epxert evidence.
Multimatic, Inc. v. Faurecia Interior Systems, USA, Inc.
Lost Profits Based on Single Price Quote Too Speculative?
Court upholds $10 million in lost profits damages against automaker supplier based on letter of intent, confidentiality agreement, and single price quote but confirms exclusion of $28 million in additional damages based on speculation.
Miller Bros. Coal v. Consol of Kentucky, Inc.
Court Adjusts Discount Rate to Reflect Current Economic Risks
Bankruptcy case discusses downward adjustment to discount rate used in calculation of lost profits damages to account for current market disruptions and risk.
First Annapolis Bancorp., Inc. v. the United States
Another Savings and Loan Case Sets Precedent for Expert Proof in Valuing Failed Banks
Bank purchases ailing federal thrift before passage of FIRREA; afterward, the government’s regulatory forbearances become worthless and bank loses $13.7 million of the purchase price, as supported by expert evidence regarding value of forbearances.
Slattery v. U.S.
Lost Value of Failed Bank Turns on Expert Evidence of Market Cap and Control
U.S. Court of Appeals affirms Court of Claim’s award of $373 million for lost business value of troubled bank during savings and loan scandals, including a 50% control premium for lost enterprise/franchise value.
Arlington Industries, Inc. v. Bridgeport Fittings, Inc.
Understanding the Law Can Boost Expert’s Credibility
By applying appropriate legal standard (Panduit factors) in infringement case, damages expert defeats Daubert challenge.
Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.
Damages Experts Lose the Daubert Battle in Deposition
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
M & A Technology v. iValue Group Inc.
Jury Awards $10 Million Lost Value for Internet Startup—But Court Dubious on Damages
Court reverses a $10 million damages award for the lost value of an internet startup for failure to show any record of profitability, working capital, or products to sell.
i4i Ltd. Partnership v. Microsoft Corp. (I)
Microsoft Attacks $200 Million Award for Faulty Expert Survey and Royalty Rate
Microsoft fails to overturn $200 million reasonable royalty damages award for patent infringement based on alleged flaws in expert survey and data.
Von der Ruhr v. Immtech International, Inc.
Proving Reasonable Royalty Damages Needs Credible Expert and Market Data
Court precludes a patent owner from testifying to lost profits damages, an area traditionally better served by experts and “true” market analysis.
Rosco Inc. v. Mirror Lite Company
‘Flawed’ Reasonable Royalty Analysis Forces Court to Average the Experts
Court finds flaws with reasonable royalty rate calculations ...
Villaje del Rio, Ltd. v. Colina del Rio, L.P.
Cutting Costs on Expert Testimony and Appraisals Doesn’t Always Pay Off
Court precludes developer from testifying as an expert regarding construction project’s solvency and value, and it strikes two valuation experts because they relied on appraisals prepared during financing phases of the project, not its construction phases ...
DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc.
Failure to Object to Jury Award Loses Potential Millions in Royalties
Plaintiff keeps lost profits for patent infringement, but loses damages for “pull through” products and also millions in reasonable royalties, for failure to timely object to inconsistent jury verdict.
Ice Corp. v. Hamilton Sundstrand Corp.
Conservative Assumptions Help Support Expert’s Lost Profits Calculations
Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.
Feesers Inc. v. Michael Foods Inc.
Expert Financial Evidence Helps Prove ‘Stunning’ Price Discrimination Suit
Court finds sufficien proof for “stunning” case of price discrimination based on expert evidence.
Netquote v. Byrd (II)
Lost Customer Account: Must Damages Account for Lost Profits, Not Lost Value?
Court upholds $1.6 million damages award for lost value of lost customer accounts, rejecting defendants’ argument that according to applicable law, the proper and exclusive measure of damages is lost future profits.
Cement-Lock v. Gas Technology Institute
IP Valuation Fails to Follow Accepted BV Guidelines in Shareholder Derivative Suit
Court excludes IP valuation evidence under the new business rule, but grants new trial because defendants failed to make a sufficient objection during the original proceedings.