Yardstick Method Challenged
The Texas Court of Appeals for the 1st Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.
Colmen Capital Advisors, Inc. v. Polar Plastics, Inc.
In this contract dispute, the principal valuation issue was the value of stock options that Colmen Capital Advisors Inc. had received for 20% of the common stock in Polpart Placements Inc. and Polar Plastics Inc. in exchange for Colmen's turnaround work related to these and affiliated companies.
Murfreesboro Medical Clinic, P.A. v. Udom
Tennessee Supreme Court prohibits physician non-competes, with limited statutory exceptions ...
Noeldner v. Imago Scientific Instruments Corp.
Noeldner sought damages for Imago Scientific Instruments Corporation's failure to pay him on stock options.
Collateral Appraisal and Disposition Upheld Without Sale
Anderson defaulted on the note, and Burns prepared to sell the stock pursuant to the pledge agreement.
Fields v. Maestro's Ristorante of San Ramon, Inc.
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 Profits Calculated Using Historical Gross Revenues and Profit Margins
The North Carolina Court of Appeals affirmed a lost profits award.
Signature Distribution Services, Inc. v. James E. Wright, et al.
The North Carolina Court of Appeals affirmed a lost profits award.
Historical Warranty Claim Data and the Segmentation Thereof Must Be Considered When Assessing Future Losses
The U.S. Court of Appeals for the 8th District considered the admissibility of expert testimony on future damages in this breach of implied warranty and fraudulent concealment action regarding plastic fencing products.
Nebraska Plastics, Inc. v. Holland Colors America, Inc.
The U.S. Court of Appeals for the Eighth District considered the admissibility of expert testimony on future damages in this breach of implied warranty and fraudulent concealment action regarding plastic fencing products.
Business Machines Sales and Service, Inc. v. Robert E. Murphy
The Minnesota Court of Appeals reversed a lost profits award in this breach of a consulting agreement matter because the expert used the national average annual real wage growth for the United States business sector as a proxy for growth in sales of a particular region or industry.
National Average Wage Growth Statistic Inappropriate Proxy for Growth in Net Gross Profits in Particular Industry in Particular Region
The Minnesota Court of Appeals reversed a lost profits award in this breach of a consulting agreement matter because the expert used the national average annual real wage growth for the United States business sector as a proxy for growth in sales of a particular region or industry.
Lost Goodwill Value Must Be Quantified
The U.S. Court of Appeals for the 8th Circuit vacated a jury’s award of damages for loss of goodwill in this breach of express warranty of future performance matter.
Marvin Lumber and Cedar Company v. PPG Industries, Inc.
The U.S. Court of Appeals for the 8th Circuit vacated a jury’s award of damages for loss of goodwill in this breach of express warranty of future performance matter.
Economist Permitted to Testify Regarding Corporate Valuation
The Texas Court of Appeals, 1st District, affirmed the trial court's admission of an economist, who held a Ph.D. in economics but was not a CPA and who testified to the amount of damages stemming from the loss of a 5% interest in a corporate entity.
KMG Kanal-Mueller-Gruppe Deutschland GMBH & Co. KG, et al. v. Robert C. Davis
The Texas Court of Appeals, 1st District, affirmed the trial court's admission of an economist, who held a Ph.D. in economics but was not a CPA and who testified to the amount of damages stemming from the loss of a 5% interest in a corporate entity.
Forecasts of Performance May Be Used to Determine Damages
One issue in this breach of contract case was the amount of damages that arose after the defendants failed to comply with several material provisions of a contract for the sale of defendants’ business.
Fledgling Business’s Lost Profits Recoverable From Nonprofit Tax-Exempt Entity
The California Court of Appeal, 2nd District, reversed a trial court’s decision to exclude lost profits evidence.
Sargon Enterprises v. University of Southern California
The California Court of Appeals, 2nd District, reversed a trial court’s decision to exclude lost profits evidence.
When Year-in-Interest Sales Data Have Been Destroyed, Damages May Be Calculated Based on Sales Data Closest in Time to the Year-in-Interest
The Michigan Court of Appeals affirmed a jury’s award of lost commissions in this breach of contract action.
Joel Dockett v. Kramer Entertainment Agency, Inc.
The Michigan Court of Appeals affirmed a jury’s award of lost commissions in this breach of contract action.
Kirk Brisbin v. Superior Valve Company et al.
The U.S. Court of Appeals, 3rd Circuit, reversed a lower court’s award of lost profits in this breach of contract action because damages were improperly assessed beyond the duration of the contract.
Lost Profits From Breach of Contract Difficult to Assess for a New Business
The U.S. Court of Appeals, 3rd Circuit, reversed a lower court’s award of lost profits in this breach of contract action because damages were improperly assessed beyond the duration of the contract.
Exclusion of Expert Testimony as a Discovery Sanction Considered
The Michigan Court of Appeals determined that a financial expert should not be excluded as a discovery sanction when the failure to provide supplemental responses to interrogatories from an expert are occasioned by a delay in providing necessary information.
Mary Ann Linsell v. Applied Handling, Inc.
The Michigan Court of Appeals determined that a financial expert should not be excluded as a discovery sanction when the failure to provide supplemental responses to interrogatories from an expert are occasioned by a delay in providing necessary information.