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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RMS of Wisconsin, Inc. v. S-K JV
Flawed Lost Profits Analysis Leaves Plaintiff Bereft of Damages Evidence
Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing ...
West Plains, LLC v. Retzlaff Grain Co. (I)
Loss of Value Damages Does Not Require Showing of Complete Destruction
In tortious interference with business relations case, trial court rejects post-trial attack, finding sufficient evidence to support jury award to plaintiff, including expert testimony about total loss of value to company based on defendants’ misconduct.
Spencer Franchise Servs. of Ga. v. WOW Café & Wingery Franchising Account, LLC
Rebuttal Opinion Helpful to Jury Because Valuation ‘Not a Common-Sense Subject’
Court declines to exclude rebuttal damages testimony, noting rebuttal expert’s professional background and qualifications were similar to that of principal expert and rebuttal opinion was helpful to jury in assessing principal expert’s damages calculation ...
Showers v. Pfizer, Inc. (In re Pfizer Inc. Sec. Litig.)
2nd Circuit Chafes at Wholesale Exclusion of Loss Causation Testimony
Second Circuit says district court “went astray” when, under Daubert, it excluded entire loss causation and damages testimony of plaintiffs’ expert instead of just eliminating unreliable part; appeals court ruling revives securities fraud class action.
St. Jude Med. S.C., Inc. v. Biosense Webster, Inc.
8th Circuit Validates Employment Contract and Damages Related to Breach
Appeals court affirms plaintiff’s employment contract with employee is enforceable, and competitor interfering with it is liable for profits plaintiff employer lost; court notes plaintiff established causation and proved loss with reasonable certainty.
Bocek v. JGA Assocs., LLC
Court Snubs Lost Earnings Analysis Based on ‘Incomplete Use’ of Data
Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.
Pattridge v. Starks
Breach of Noncompete Means Damages for ‘Loss Sustained’ and Lost Profits
In breach of noncompete case, appeals court finds measure of damages is not limited to net loss; statute allows damages “for the loss sustained” in addition to lost profits, and trial court properly credited and adjusted expert’s typical damages models.
Commonwealth Sci. & Indus. Research Organisation v. Cisco Sys.
Court’s Damages Model for SEP Infringement Fails Apportionment Rules
Federal Circuit invalidates infringement award where trial court’s damages model failed to filter out value to the patent in suit accruing from its being essential to wireless standard and failed to adjust its Georgia-Pacific analysis for standardization.
Bruno v. Bozzuto’s, Inc.
Court Excludes Pro Forma-Based Economic Damages Analysis
Court excludes plaintiffs’ DCF-based damages calculation, finding it suffers from “garbage-in, garbage-out” problem; plaintiffs’ experts based cash flow analysis on defendant’s preliminary projections rather than subsequently available actual sales data.
Akamai Techs., Inc. v. Limelight Networks, Inc.
No Legal Barrier to Expert’s Adjusted Lost Profits Analysis
Federal Circuit upholds lost profits award based on adjusted market share analysis, finding expert accounted for huge price disparity between patentee’s product and infringer’s product and based market elasticity discount on sound economic principles.
Deflecto, LLC v. Dundas Jafine Inc.
Court Decides Daubert Attack ‘Misses the Mark’
Court calls Daubert challenger’s attack on expert’s lost profits opinion “misguided”; it unduly focuses on expert’s familiarity with legal standards and fails to explain what is wrong with expert’s use of software program for projecting future damages.
Lane v. Lampkin (II)
High Court Finds Trial Court’s Damages Assessment Unsound
State high court strikes down trial court’s damages assessment because it included values from a business valuation when the applicable law required an analysis of the entire loss suffered by a corporation owing to a partner’s breach of fiduciary duty.
Nordock, Inc. v. Systems, Inc.
Trial Court Misinterprets Damages Rules for Design Patent Violation
Federal Circuit rejects design patent infringement award where prevailing expert improperly apportioned the infringer’s profits and jury failed to determine infringer’s profits but, against the weight of the evidence, simply stated they equaled zero.
Anchor Savings Bank v. United States
Court Approves Winstar Plaintiff’s Tax Gross Up Calculation
Court finalizes damages award to Winstar bank by adopting plaintiff’s projected tax liability on damages related to government’s breach of contract and by ordering an additional gross up award “to make plaintiff whole.”
Rowe v. DPI Specialty Foods
Damages Opinion Reveals ‘Serious Misconception’ of Role of Expert
Court excludes most of rebuttal opinion under Daubert, saying it is not “the product of reliable principles and methods” owing to expert’s “serious misconception of his role and misreading of the authorities he cites,” particularly with regard to causatio ...
Finjan, Inc. v. Blue Coat Systems, Inc. (I)
Complex Facts Test Patent Experts’ Apportionment Skills
Court admits apportionment based on lines of infringing code and on value defendant places on product features in accused products but excludes apportionment using forward citation analysis for failure to show value of asserted patents in marketplace.
Tri Cnty. Wholesale Distribs. v. Labatt USA Operating Co. LLC
‘Hybrid’ Approach to Quantify Loss of Beer Franchise Contracts
Court uses hybrid approach to quantify diminished value in business resulting from franchisees’ loss of beer brands; it means determining FMV of franchise contracts by way of DCF and adding loss in value of other assets directly related to loss of brands.
Chico’s Fas, Inc. v. Clair
Uncritical Use of Royalty Rate Data Spoils Damages Opinion
Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.
Clear-View Technologies, Inc. v. Rasnick (II)
Expert Rebuttal Fails to Engage With Initial Valuation
Court excludes so-called rebuttal report where expert failed to review the initial expert report but instead contradicted the opposing party’s main contention; proponent’s attempt to append report to proper rebuttal valuation testimony is “gamesmanship.”
Clear-View Technologies, Inc. v. Rasnick (I)
Expert Rebuttal Fails to Engage With Initial Valuation
Court excludes so-called rebuttal report where expert failed to review the initial expert report but instead contradicted the opposing party’s main contention; proponent’s attempt to append report to proper rebuttal valuation testimony is “gamesmanship.”
Cartwright v. Jackson Capital Partners, Ltd. P'ship
No Place for Asset Appraisal in Trust Dispute, Court Says
In trust dispute, appeals court affirms trial court’s exclusion of expert’s “asset appraisal and valuation,” finding business valuator’s approach for measuring damages was inconsistent with scope of the case, irrelevant, and not helpful to trier of fact.
Apple, Inc. v. Samsung Electronics Co. (V)
Federal Circuit Resists Samsung’s ‘Quest for Apportionment’
Federal Circuit rejects Samsung’s call for apportioning damages related to design patent infringement, saying the proposed treatment would conflict with the express language of the applicable statute; court upholds most of $1 billion award to Apple.
In re Groupon Secs. Litig.
Fraud Litigation Highlights Dispute Over ‘Market Efficiency’
Court rebuffs Daubert challenge to investor expert’s efficient market opinion, saying securities law only requires showing that false statements affected stock price and caused loss to investors, not that market perfectly reflected all public information.
Am. Aerial Servs. v. Terex United States
Failure to Test Causation Narrative Clouds Analysis of Lost Profits
Court strikes parts of lost profits opinion, finding expert adopted plaintiff’s causation theory, “pinning the company’s overall financial performance” on defendants’ allegedly defective crane without offering supporting data or methodology to test theory ...
Washington v. Kellwood Co. (I)
Daubert Allows for Generous View on Yardstick Analysis
Court rejects bright-line reliability test for yardstick analysis, saying expert’s failure to find a “nearly identical” comparator did not render analysis unreliable and inadmissible under Daubert and finding companies were similar in material respects.