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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Uniloc USA, Inc. v. Microsoft Corp. (I)
Expert Defends Record-Setting Calculations of Patent Damages Against ‘Junk Science’ Charge
Court denies dueling Daubert motions to exclude parties’ financial experts in patent infringement case.
Denny Construction, Inc. v. City and County of Denver
Contractor May Never Recover Lost Profits for Lost Bonding Capacity?
Colorado Supreme Court reverses ruling by appellate court that all lost profits claims due to contractor’s impaired bonding capacity are speculative as a matter of law.
Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.
Financial Expert Ensures Proof of Reasonable Royalty in Unjust Enrichment Case
First Circuit upholds 3% reasonable royalty rate award for defendant’s misappropriation of plaintiff’s confidential biotech research.
Funai Electric Co. v. Daewoo Electronics Corp. (I)
Keeping Market Share Reconstruction From Lapsing Into Speculation
Court upholds $9.5 million damages award for patent infringement based on market share method and reasonable royalty analysis.
Russo v. Ballard Medical Products
Conservative Growth Estimates Help to Sustain Damages Award
Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.
JGR, Inc. v. Thomasville Furniture Industries, Inc. (II)
Distinguishing Lost Profits Versus Lost Business Claims
Sixth Circuit vacates lost profits damages award because plaintiff failed to preserve claim to lost profits after receiving award for lost business value.
RKR Motors, Inc. v Associated Uniform Rental & Linen Supply, Inc.
Appeals Court Reduces Lost Profits to Account for Fixed Costs
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
Progressive Child Care Systems, Inc. v. Kids ‘R’ Kids International, Inc.
Expert Calculates Lost Profits Through 25-Year Contract Term
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Catroppa v. Metal Building Supply, Inc.
Lost Profits Analysis Must Show Evidence of Related Costs
Court excludes lost profits evidence that does not include analysis of costs incurred to produce the income.
Nieman v. Bunnell Hill Development, Co., Inc.
Lost Profit Testimony Falls Short of Needed Expert Evidence
Owners’ lost profits calculations comparing profits from his restaurant at an old location to those he made a new location fall short of reasonable certainty standard.
Structural Polymer Group, Ltd. v. Zoltek Corporation
Managements’ Projected Lost Profits Calculations Withstand Appeal
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Bellagio Jewelry, Inc. v. Croton Watch Company, Inc.
Trademark Claims Include Reasonable Royalty and Disgorgement of Profits
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Fisher v. U.S.
Federal Court Issues New Rule for Valuing Stock in Insurance Demutualization
Federal Claims Court rules against long-standing IRS position that stock in insurance company demutualization has a cost-basis of zero value.
Bergquist v. Commissioner of Internal Revenue
Tax Court Rejects Appraisal of Donated Stock for Incorrect Premise of Value
Tax Court approves 64% combined discounts (advocated by IRS) for valuing medical service corporation slated for conversion to a non-profit.
Tax Services of America, Inc. v. Mitchell
Court Rejects Lost Profits Model for Inclusion of Interest
In September 2003, defendants sold their tax preparation business to Tax Services of America Inc. (TSA).
U.S. Salt, Inc. v. Broken Arrow, Inc.
Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
In re Magna Cum Latte, Inc.
Lost Profits Turn on Risk-Free vs. Risk-Adjusted Discount Rates
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
Netquote v. Byrd (I)
Lost Customer Account: Must Damages Account for Lost Profits, Not Lost Value?
Court qualifies plaintiff’s expert under Daubert to testify regarding lost value of customer accounts based on review of the accounts, a prior valuation report, and a revenue multiplier derived from existing accounts.
Bessemer Trust Company, N.A., v. Francis S. Branin, Jr.
Lost Profits or Market Value? Best Approach to Measure Goodwill Impairment
Court decides whether lost profits or market value is the most accurate measure of damages in this goodwill impairment case.
Michael Bowling v. Hasbro, Inc.
Court Questions Expert’s Objectivity, Methodology in Reasonable Royalty Valuation
Expert's methodology, credentials, called into question in reasonable royalty valuation.
Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc.
New Federal Case a ‘Must Read’ for Lost Profits/Lost Business Analysis
Two appraisers testify to lost profits and lost business analysis, defend against Daubert attack. Court examines search for comparables.
Celebrity Cruises, Inc. v. Essef Corp. (II)
Update: Damages Award in Celebrity Cruise Case
Damages case comes back for a third—and perhaps final—tour.
Dering v. Service Experts Alliance, LLC
Latest Daubert Case Emphasizes Correct Measure of Damages
Court emphasizes the importance of accurate calculations in assessing damages, lost profits.
Mood v. Kronos Products, Inc.
Lost Profits Evidence Turns on Key Expert Assumptions
Lost profits analysis by appraiser too speculative for court to uphold.
Imaging International v. Hell Graphic Systems, Inc.
Lost Business Case Can’t Rise Above Bad Owner, Bad Financials, Bad Facts
Proof of lost business value can’t overcome lack of credible owner, lack of credible financials, and lack of credible analysis.