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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Utah Medical Products, Inc. v. Graphic Controls Corporation
Expert Testimony Establishing Reasonable Royalty Excluded Under Daubert
The U.S. Court for the Federal Circuit affirmed a lower court’s decision to exclude an expert witness who calculated a reasonable royalty in this patent infringement case at a Daubert trial. The court determined that the license agreements considered by t ...
Oscar Gruss & Son, Inc. v. Yossie Hollander
Conversion Measure of Damages Inappropriate in Breach of Contract Case
The U.S. Court of Appeals for the 2nd Circuit reversed the district court’s calculation of damages for breach of contract to assign warrants in a publicly traded company.
Southern National Corporation v. United States
Several Damages Methods Considered in Winstar Action
The U.S. Court of Federal Claims granted summary judgment against Southern National on all but two of its measures of damages, regarding claims stemming from the enactment of FIRREA. Its reliance damages model was rejected because it was based on assumed ...
Guillermo Sostchin v. Doll Enterprises, Inc.
Owner’s Compensation Must Be Considered In Calculating Net Profits
Sostchin, through a trust controlled by him, operated a multi-tenant commercial building that was destroyed by fire. Doll Enterprises operated a shoe store in Sostchin’s building, and was awarded lost profits following the fire that was negligently caused ...
SIHLE Insurance Group, Inc. v. Right Way Hauling, Inc.
Owner’s Compensation Must Be Deducted From Lost Profits Award
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
Judith A. Lawton et al. v. Robert Nyman et al.
Fair Value Damages Potentially Include Strategic Premium
Following trial, the district court found officers and directors with voting control of a closely held family corporation, Nyman Manufacturing Co., to be in breach.
Robert Haff, et al. v. Richard Augeson D/BA/ Hubbard Concrete Pumping, et al.
Lost Profits Established Using Average Prebreach Monthly Income
The Minnesota Court of Appeals affirmed a lower court’s use of pre-breach average monthly income when establishing the lost profits of a new business. It rejected the company’s argument that the estimated post-breach income the company would have earned b ...
Fifth Third Bank of Western Ohio v. The United States
Expectancy Damages Denied to Bank in Winstar Case
The U.S. Court of Federal Claims granted the government's motion for summary judgment denying the bank damages resulting from the enactment of FIRREA. The bank's expert determined expectancy damages by establishing lost profits based on the performance of ...
Century 21 Real Estate Corp. v. Meraj International Investment Corp.
Owner’s Seemingly Speculative Lost Profits Estimate Is Better Than No Testimony
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Edward E. Lucente v. International Business Machines Corporation (II)
Breach of Stock Option Contract Damages Measured as of the Date of the Breach
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
CSC Holdings, Inc. v. Frank P. Redisi, Sr. et al.
Lost Profits Award for Violation of Cable Communications Act Reversed
The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...
North Dade Community Development Corp. v. Dinner's Place, Inc.
Lost Profits Based Solely on Business Plan Rejected
The Florida Court of Appeals, 3rd District reversed an award for lost profits.
Energy Capital Corp. v. United States
Risk-Adjusted Discount Rate Should Be Used to Calculate Present Value
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Kyocera Corporation v. Prudential-Bache Trade Services, Inc., et al.
Lost Value Fixed as of Contract Termination Date
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.
Conwood Company, L.P. v. United States Tobacco Co.
Antitrust Damages Established Using Regression Analysis
The U.S. Court of Appeals for the Sixth Circuit affirmed the jury’s award of damages for United States Tobacco Company’s (USTC) anticompetitive behavior based on sales Conwood would have made in the moist snuff market but for USTC’s behavior.
Steve Davis v. Forest River, Inc.
Lost Profits Calculation Must Be Supported With Evidence
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
World Wide Prosthetic Supply, Inc. v. Robert J. Mikulsky
Lost Profits Recoverable for Misappropriation of Trade Secret
The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc.
Damages Awarded for Violation of the Motor Vehicle Franchise Act
The Illinois Supreme Court affirmed a damage award for violation of the Motor Vehicle Franchise Act.
KIds' Universe, et al. v. In2Labs, et al.
Lost Profits Must Be Reasonably Certain
The California Court of Appeals for the First District affirmed the lower court's decision denying Kids' Universe recovery of lost profits from a stillborn Internet toy store. The expert compared the subject company to one successful Internet toy company ...
Maytronics, Ltd. v. Aqua Vac Systems, Inc.
Lost Profits Recoverable During Reasonable Notification Period
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Interactive Pictures Corp. v. Infinite Pictures, Inc.
Reasonable Royalty Based on Hypothetical Negotiation
The U.S. Court of Appeals for the Federal Circuit affirmed the district court’s reasonable royalty award for patent infringement based on a hypothetical negotiation. The court concluded that a paid up royalty of 10% over five years was appropriate. The aw ...
Humetrix, Inc. v. Gemplus, S.C.A., et al.
Admission of Experts and New Business Rule Considered
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
Elie Abboud, et al. v. Sylvester Robertson, et al.
Lost Profits Based on Operating History
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (II)
Unreasonable Assumptions in Discounted Cash Flow Analysis Result in Testimony Stricken Under Daubert
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Gold v. Ziff Communications Co.
Lost Business Value Damages Remanded for Calculation From Proper Date of Contract Breach
At issue is breach of contract.