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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Orthoflex, Inc. v. Thermotek, Inc.
Expert Trips Over Fundamental Damage Concepts
Court strikes rebuttal testimony under Daubert, where expert admitted he lacked an understanding of the damages concepts central to the opposing expert’s calculation, failed to identify a specific method for his conclusions, and included his clients’ tria ...
Rembrandt Social Media, LP v. Facebook
Inexact Apportionment Invalidates Expert’s Royalty Calculation
Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...
Apple, Inc. v. Samsung Electronics Co. (III)
Apple Fails in Last-Ditch Effort to Offer Nonexpert Lost Profits Theory
District court grants Samsung’s emergency motion to preclude Apple from introducing a lost profits theory for several patents that runs counter to the Panduit-based damages model its own experts had developed, calling the new, non-expert alternative theor ...
Manpower, Inc. v. Insurance Co. of Pennsylvania (III)
‘Undue’ Scrutiny of Expert’s Data Triggers Erroneous Exclusion
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Volterra Semiconductor Corp. v. Primarion, Inc.
Expert’s ‘Dollar-for-Dollar’ Damages Theory Short of Factual Support
In a patent case, in a pretrial ruling, the court finds the plaintiff cannot claim direct harm for lost revenues its foreign subsidiary sustained because of the defendants’ infringement by relying on expert testimony that equated the value of the injury d ...
Electro-Mechanical Corp. v. Power Distribution Products, Inc.
Invocation of EMVR Subject to Higher Degree of Proof
In ruling on defendants’ post-trial motion, district court finds plaintiff’s expert improperly invoked the entire market value rule (EMVR) in calculating lost profits because customers did not decide to buy a system containing the patented device simply t ...
Dynetix Design Solutions, Inc. v. Synopsis, Inc.
Finding ‘Smallest Salable Unit’ Does Not End Royalty Base Analysis
District court finds expert’s royalty analysis is fatally defective as to the base and rate; expert improperly presumed that using smallest salable unit featuring the patented part ended rate analysis even though that feature was not closely tied to defen ...
ITT Corp. v. Xylem Group, LLC
Trademark Damages Not Contingent on Established Royalty
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
Wallace v. Kalniz
Expert’s Anemic Analysis Imperils Damage Calculation
Appellate court affirms pretrial decision to strike economist expert’s opinion as to business loss under Rule 702; although the trial court erred when it found the expert unqualified to perform a business valuation, it was right to find his calculations ...
Marine Travelift, Inc. v. Marine Lift Systems, Inc.
May Expert Offer Plaintiff’s Loss Calculation as His Own?
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc.
Daubert Tolerates Impeachable Aspects of Expert Testimony
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
In re: American Suzuki Motor Corporation
What ‘FMV’? Bankruptcy Court Restricts Car Dealer’s Damages
Bankruptcy court finds car dealer’s claim for fair market value of its franchise based on state law dealer statute is invalid under Bankruptcy Code; expert testimony only supports past lost profit damages for cars and parts and accessories in stock at tim ...
MyGallons LLC v. U.S. Bankcorp
One Expert’s Bad Data Undermine Another’s Damages Calculation
Fourth Circuit strikes down as “unsupportable” a $4 million lost profits award in a defamation suit; plaintiff’s first expert, a marketing professor, presented inadmissible growth projections that “ignore business realities”; as they formed the basis for ...
Ericsson Inc. v. D-Link Corp. (I)
Prior Standards Licenses Reflect Asserted Patents’ ‘Real-World’ Valuation
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)
Does Panduit Lost Profits Theory Require Apportionment?
On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...
Versata Software, Inc. v. SAP America, Inc. (II)
Federal Circuit Chides Defendants for ‘Improper’ Admissibility Challenge
Federal Circuit affirms lost profits and royalty award finding defendants raised questions of admissibility of plaintiff expert testimony in the “improper context” because these are Daubert issues; also plaintiffs’ lost profits theory meets Panduit requir ...
Great Lakes Business Trust v. M/T Orange Sun (II)
Expert’s Loss-of-Use Computation Holds Up on Appeal
In summary (non-precedential) order, appellate court upholds $11.7 million loss of use award arising out of a collision at sea between defendants’ cargo vessel and plaintiffs’ unique dredge, finding the district court “permissibly determined” there was as ...
Jack Tyler Engineering Co. v. Colfax Corp.
Discount Rate Analysis Requires Expert’s Subjective Judgments
In Daubert ruling, court says expert’s lost profits calculation based on discounted cash flow (DCF) method is reliable; plaintiff’s expert properly determined discount factor based on identified sources and made permissible judgment calls based on his exp ...
SynQor, Inc. v. Artesyn Technologies, Inc. (III)
Federal Circuit Affirms $95 Million Patent Award Based on Price Erosion Theory
Federal Circuit finds jury’s lost profits and reasonable royalty award based on plaintiffs’ price erosion theory is not excessive; sufficient evidence supported expert’s “but for” damages model calculating prices two to three times as much as the prices t ...
Apple, Inc. v. Samsung Electronics Co. (II)
Expert’s ‘Aggressive’ Damages Theory Necessitates New Trial
In patent case, federal court strikes $450 million from $1 billion award and orders a new damages trial, finding the plaintiff’s expert used an improper, “aggressive,” notice date regarding some patents and the jury awarded impermissible forms of compensa ...
Virnetx Inc. v. Cisco Systems, Inc. (I)
Nash Bargaining Solution Survives Daubert Challenge, Royalty Analysis Does Not
In Daubert ruling federal court finds the plaintiff’s expert violated entire market value rule when calculating a reasonable royalty, the apportionment factor he used to reduce the revenue of entire products was “a poor substitute” for the analysis necess ...
Hark’n Technologies, Inc. v. Crossover Symmetry
Does Use of Full Product Line Data Invalidate Damages Formulation?
In trade dress infringement suit, although court finds expert’s computation of the incremental profit percentage figure based on the plaintiff’s entire product line, rather than the products at issue, “troubling,” it concludes damages formula is admissibl ...
Brighton Collectibles, Inc. v. RK Texas Leather Mfg.
Attempt to Base Lost Profits on Infringer’s Sales Alone Fails
In trade dress infringement suit, federal court excludes expert testimony on actual damages under Daubert where expert proposed to base lost profits solely on defendants’ profits, assuming one infringing sale correlated to one lost transaction for the pla ...
Christou v. Beatport, LLC
Court Seeks ‘Fit’ Between Lost Business Value Calculation and Facts
In an antitrust suit of dueling nightclub owners, under Daubert district court admits lost profits damages testimony; but, reserving final judgment, court finds plaintiffs’ expert’s lost enterprise calculation lacks requisite logical connection to facts o ...
Factory Mutual Insurance Co. v. Alon USA
Court Accepts Cost Approach to Calculate Value of Lost Business
Fifth Circuit affirms lower court’s use of adjusted replacement cost as measure of damages where parties disagreed on how to calculate fair market value (FMV) of destroyed business; no market for the unique used facility exists and the value of used compo ...