Crystal Semiconductor Corporation v. Tritech Microelectronics International, Inc.

Market Segmentation and Price Erosion Considered

The United States Court of Appeals for the Federal Circuit reversed in part and affirmed in part the lower court’s award of lost profits in this patent infringement case. The jury awarded lost profits based on the market segmentation theory of damages whi ...

Kinesoft Development Corporation v. Softbank Holdings Inc.

New Business Rule Applied to Business With Operating History

The U.S. District Court for the Northern District of Illinois declined to award future lost profits to a computer game developer and applied the new business rule in this breach of contract case.

Edward E. Lucente v. International Business Machines Corporation (I)

Restricted Stock and Stock Options Considered

The U.S. District Court for the Southern District of New York considered the measure of damages for lost restricted stock and stock options in IBM in this breach of contract case.

Camar Corporation v. Preston Trucking Company, Inc.

Lost Profits Based on Past Transactions Must Show They Were Comparable

The U.S. Court of Appeals for the 1st Circuit affirmed the district court's decision to limit Camar's damages stemming from Preston's loss of Camar's equipment under the Carmack Amendment to the Interstate Commerce Act to its actual damages.

Schonfeld v. Hilliard

Television Station’s Supply Contract Valued by Reference to an Unconsummated Sale

The U.S. Court of Appeals for the 2nd Circuit affirmed in part and reversed in part a lower court's damage award for breach of contract.

MindGames, Inc. v. Western Publishing Company, Inc.

Arkansas’ New Business Rule Overruled

The 7th Circuit concluded that Mindgames was not precluded under Arkansas' new business rule from recovery of its lost profits stemming from Western's breach of contract to promote its board game.

Great Pines Water Co., Inc. v. Liqui-Box Corporation

Damages Must Be Tied to the Facts

The Fifth Circuit Court of Appeals reversed and remanded the award of lost profits and compensatory damages stemming from Liqui-Box's defective products. Great Pines utilized Liqui-Box's defective capping system in its bottled water business. Great Pine ...

Ileana Irvine, IRG Research Group, Inc. v. Murad Skin Research Labs, Inc.

Assessment of Damages Must Be Tied to the Facts of the Case

The U.S. Court of Appeals for the First Circuit dismissed Irvine's claim for lost profits under Puerto Rico's Distributor Act, Law 75, for Murad's breach of their exclusivity agreement.

Bell Atlantic Network Services, Inc. v. P.M. Video Corp.

New Business Rule Applied

The New Jersey Superior Court affirmed the lower court's decision denying P.M. Video future lost profits based on a breach of an oral contract between Bell Atlantic and P.M. Video to form an alliance to provide home automation and video-on-demand services.

Kumho Tire Co. v. Carmichael

Supreme Court Affirms 'Gatekeeper' Duty of Trial Courts for Expert Evidence

At issue is the admittance of expert testimony.

Children's Broadcasting Corporation v. The Walt Disney Company

At issue is breach of contract and trade secrets.

Delores Skinner, et al. v. Robert Thomas

Evidence of Overhead Expenses Required to Uphold Calculation of Partnership’s Profits

The Missouri Court of Appeals, Eastern District, reversed a jury's award of damages for breach of an agreement to share profits from a restaurant/lounge.

Jose M. Terrones, et al. v. Abel J. Tapia, P.E., et al.

The Amount of Lost Profits Must Be Supported by Substantial Evidence

The Colorado Court of Appeals affirmed the lower court's grant of summary judgment against Terrones on his negligent construction claim. Tapia improperly built the drive-in at Terrones' restaurant and, thus, Terrones was unable to receive a certificate o ...

Beverly Hills Concepts v. Schatz & Schatz (II)

Connecticut Supreme Court Reverses $15 Million Award Because of Insufficient Damages Evidence

In legal malpractice action, issue was whether the trial court improperly made the award based on lost profits.

To-Am Equipment Co., Inc. v. Mitsubishi Caterpillar Forklift America, Inc.

Asset Approach Accepted Over Going-Concern Premise When the Dealership Is Terminated

The U.S. Court of Appeals for the 7th Circuit affirmed jury's verdict on damages To-Am incurred due to Mitsubishi's termination of To-Am's franchise.

James V. James et al. v. David MacDonald et al.

Comparison of Business Between Locations Establishes Lost Profits

The Maine Supreme Court affirmed the award of lost profits and relocation costs for MacDonald's interference with James' economic advantage when MacDonald represented he would but did not grant James a permit to operate at MacDonald's pier. James operated ...

Flood Mobile Homes, Inc. v. Liberty Homes, Inc.

Lost Profits Begin Accruing When Shipments Are Delayed

The Wisconsin Court of Appeals, District II, affirmed the lower court's calculation of lost profits under Wisconsin's fair dealership law.

Florafax International, Inc. v. GTE Marketing Research, Inc.

Lost Profits From Third-Party Collateral Contracts

The Oklahoma Supreme Court reinstated a jury's damage award for lost profits.

Beverly Hills Concepts v. Schatz & Schatz (I)

Court Awards $15 Million Damages Based on Discounted Cash Flow

At issue is in this legal practice case is the establishment of expert testimony and circumstancial evidence.

Cambridge Plating Company v. Napco, Inc.

Lost Profits Adjusted for Failure to Mitigate Damages

The U.S. Court of Appeals affirmed the district court's determination of liability but remanded the issue of compensatory damages in this breach of contract case.

Coastal Fuels of Puerto Rico, Inc. v. Caribbean Petroleum Corporation

Appeals Court Remands for New Damages Determination Based on Improper Monopolization Verdict

At issue in this case are price discrimination damages, anti-trust damages, and tort damages.

Daubert v. Merrell Dow Pharmaceuticals, Inc.

Landmark Daubert Decision Develops New Standard for Admission of Expert Evidence

Landmark decision by the U.S. Supreme Court, which ended by promulgating a new “gatekeeping” function for federal judges and developing an evidentiary standard now known by a single name: Daubert.