Failure to Introduce Lost Profits Evidence Results in Dismissal of Claim
The U.S. Court of Appeals for the 6th Circuit affirmed the lower court’s grant of summary judgment in this breach of contract action because the plaintiff failed to present evidence of its lost profits or reliance damages.
Court Determines Value of Cashless Stock Options; Illusory Dividend Not Deducted From FMV
In this contract dispute, the principal valuation issue was the value of stock options that Colmen Capital Advisors Inc. (Colmen), had received for 20% of the common stock in Polpart Placements Inc. (Polpart) and Polar Plastics Inc. (PPI) in exchange for Colmen's turnaround work related to these and affiliated companies.
Network Health Services, Inc. v. Georgetown Community, LLC
The U.S. Court of Appeals for the 6th Circuit affirmed the lower court’s grant of summary judgment in this breach of contract action because the plaintiff failed to present evidence of its lost profits or reliance damages.
St. Clair Medical, P.C. v. Christopher Borgiel
Michigan Court of Appeals determines enforceability of physician non-competes ...
Stock has fair market value, even if thinly traded
Noeldner sought damages for Imago Scientific Instruments Corp.'s failure to pay him on stock options.
Event Study Analysis Rejected When Other Possible Events Not Considered
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Penn Mart Supermarkets, Inc. v. New Castle Shopping, LLC
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Franklin Capital Associates, L.P. v. Almost Family, Inc.
The Tennessee Court of Appeals reversed and modified a trial court’s calculation of damages for the delay in registering stock in a publicly traded company under the conversion measure of damages.
Damages for Delay in Registering Public Stock Include 25% Blockage Discount
The Tennessee Court of Appeals reversed and modified a trial court’s calculation of damages for the delay in registering stock in a publicly traded company under the conversion measure of damages.
Value of Ownership Interest Based on Prevaluation Date Transaction and Owner’s Projections of Future Revenues
The Tennessee Court of Appeals reversed a lower court’s decision denying the plaintiff the value of an interest in the defendant because the value was too speculative in this breach of contract action.
Craig Alan Dunn v. Matrix Exhibits, Inc.
The Tennessee Court of Appeals reversed a lower court’s decision denying the plaintiff the value of an interest in the defendant because the value was too speculative in this breach of contract action.
Ha-Lo Industries, Inc. v. Credit Suisse Boston
Investment analyst “pleads the Fifth” rather than testify as to how “simple” valuation errors might have led to incorrect fairness opinion.
Startup Company May Not Recover Lost Profits Based on Post-Valuation Date Business Plan
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
Telxon Corporation v. Smart Media of Delaware, Inc.
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
Lost Profits From Breach of Noncompete Agreement Calculated
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of noncompete agreement action.
American Logistics Group, Inc. v. Joseph Weinpert
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of non-compete agreement action.
Lost Profits Award Questioned Using New Business Rule Argument
The California Court of Appeals, 4th District, reversed a trial court's award of loss profits in the wrongful foreclosure action of a vacant parcel on which the plaintiff intended to build a car wash and gas station.
Murrietta Car Wash, Inc. v. North County Bank
The California Court of Appeals, Fourth District reversed a trial court's award of loss profits in the wrongful foreclosure action of a vacant parcel on which the plaintiff intended to build a car wash and gas station.
Profits Are Suitable Measure of Damages for Rescission of a Business Purchase Agreement
In this contract rescission case, one of the issues was how to value business know-how, contacts, and efforts in creating a comedy business.
Lost Future Profits Award for Construction Business Reversed
The California Court of Appeal, 2nd District, reversed a future lost profits award involving a construction company that went out of business as a result of a breach of contract.
M.A. Butters & Associates v. City of Lancaster
The California Court of Appeal, 2nd District, reversed a future lost profits award involving a construction company that went out of business as a result of a breach of contract.
Lost Profits Recovery Limited to Express Terms of the Contract
The California Court of Appeal, 4th District, reversed a lower court’s award of lost profits in this breach of contract action.
Western Pet Wholesalers, Inc. v. Natura Pet Products, Inc.
The California Court of Appeal, 4th District, reversed a lower court’s award of lost profits in this breach of contract action.
Diesel Machinery Inc. v. B.R. Lee Industries, Inc.
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Fairmont Supply Company v. Hooks Industrial, Inc.
The Texas Court of Appeals for the First Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.