Royal Oak Sales Inc. v. Philip Stephen Howell, et al.
The California Court of Appeal, 4th District, affirmed a lost profits award in this breach of contract action involving a charcoal manufacturer’s representative.
Lost Profits Recovery Limited by Contract’s 30-Day Termination Provision
The California Court of Appeal, 4th District, affirmed a lost profits award in this breach of contract action involving a charcoal manufacturer’s representative.
Damages Limited to 30-Day Period
The U.S. Court of Appeals for the 5th Circuit considered an award of damages in this breach of contract action.
DP Solutions, Inc. v. Rollins, Inc., et al.
The U.S. Court of Appeals for the 5th Circuit considered an award of damages in this breach of contract action.
Unopposed But Incomplete Evidence of Value Is Not Enough to Support Verdict
The issue in this damages case arose out of the breach of an agreement between Athle-Tec (plaintiff) and Montage (defendant) relating to the development, ownership, and licensing of computer software.
Nip v. Checkpoint Systems, Inc.
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, AW Printing, to Checkpoint.
Burns v. Anderson
Anderson defaulted on the note, and Burns prepared to sell the stock pursuant to the pledge agreement.
Lost Future Earnings From Former Employer May Be Recovered in a Promissory Estoppel Action
The California Court of Appeal, 4th District, determined that damages for lost future employment based on the employment abandoned by the plaintiff may be recovered under a promissory estoppel claim even though such employment was at will.
Joseph Toscano v. Greene Music
The California Court of Appeal, 4th District, determined that damages for lost future employment based on the employment abandoned by the plaintiff may be recovered under a promissory estoppel claim even though such employment was at will.
Montage v. Athle-Tech (I)
The issue in this damages case arose out of the breach of an agreement between Athle-Tec (plaintiff) and Montage (defendant) relating to the development, ownership, and licensing of computer software.
Lost Profits Award for Breach of Contract Based on Penetration Rate of Similar Contracts
The Connecticut Court of Appeals reversed the trial court’s decision to exclude testimony from a director of the plaintiff, which was the basis for the jury award, on reconsideration and reduced the damage award to $1.
Message Center Management, Inc. v. Shell Oil Products Company
The Connecticut Court of Appeals reversed the trial court’s decision to exclude testimony from a director of the plaintiff, which was the basis for the jury award, on reconsideration and reduced the damage award to $1.
Lost Profits From Gas Station Determined Using Discounted Cash Flow Method
The California Court of Appeal, 1st District, affirmed a damages award for breach of the covenant of good faith and fair dealing in connection with the sale of a gas station.
Jaswant Dhillon, et al. v. Chevron U.S.A., Inc., et al.
The California Court of Appeals, 1st District, affirmed a damages award for breach of the covenant of good faith and fair dealing in connection with the sale of a gas station.
Fabrication & Truck Equipment, Inc. v. Roger M. Powell
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Owner’s Confusing, Handwritten Lost Profits Assessment Resulted in Directed Verdict
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Franconia Associates v. United States
Federal Court of Claims discusses adopts 11% discount rate in developing breach of contract damages, and discusses at length the determination of expectancy damages.
Future Profits and 'Lost Going Concern Value' Denied Where Damages Are Unforeseen and Uncertain
One issue in this breach of contract case was the calculation of future profits that would have been expected if not for the breach.
Expert’s ‘Lay Testimony’ Stricken After Court Declares It Expert Testimony
One issue in this breach of contract case was whether it was proper for the district court to admit the testimony of James Gornick.
Lost Profits for Breach of Noncompete Agreement Calculated
The Delaware Court of Chancery determined damages stemming from the breach of a one-year noncompete agreement involving an office cleaning business.
All Pro Maids, Inc. v. Susan Layton
The Delaware Court of Chancery determined damages stemming from the breach of a one-year noncompete agreement involving an office cleaning business.
Fluorine on Call Ltd. v. Fluorogas Limited, et al.
The U.S. Court of Appeals for the 5th Circuit reversed an award for lost market value of an asset (a contract providing exclusive rights regarding equipment).
Lost Profits Arising From a Breach of Contract and Lost Market Value of the Contract Are Different
The U.S. Court of Appeals for the 5th Circuit reversed an award for lost market value of an asset (a contract providing exclusive rights regarding equipment).
Collins Holding Corporation v. Scott Landrum, et al.
The South Carolina Supreme Court considered an award of damages in this breach of contract action involving the removal and replacement of pinball machines.
Damages Quantified Using Simple Calculation
The South Carolina Supreme Court considered an award of damages in this breach of contract action involving the removal and replacement of pinball machines.