Contract Claimant May Only Recover Reliance Damages Suffered in Her Individual Capacity
The U.S. Court of Appeals for the 11th Circuit considered an award of reliance damages in this breach of contract action involving several gas stations.
Transactional Evidence Should Be Scrutinized
The U.S. Court of Appeals for the 7th Circuit considered the value of a 1% interest in a startup company, which was established using two post-valuation date transactions.
Amoco Oil Company v. Caroline Gomez
The U.S. Court of Appeals for the 11th Circuit considered an award of reliance damages in this breach of contract action involving several gas stations.
Shannon Haslund v. Simon Property Group, Inc.
The U.S. Court of Appeals for the 7th Circuit considered the value of a 1% interest in a startup company, which was established using two post-valuation date transactions.
Accounting Expert’s Lost Profits Analysis Accepted Over Economist’s Estimate
The Delaware Court of Chancery calculated lost profits arising from the breach of a contract.
Honeywell International Inc., et al. v. Air Products & Chemicals, Inc.
The Delaware Court of Chancery calculated lost profits arising from the breach of a contract.
Expert Testimony Would Have Helped Defend Lost Profits Award From a No Evidence Decision
The Texas Court of Appeals, 4th District, concluded that a lower court properly granted judgment notwithstanding the verdict and vacated a lost profits award in this contract action.
Fred Tabrizi v. Daz-Rez Corporation
The Texas Court of Appeals, 4th District, concluded that a lower court properly granted judgment notwithstanding the verdict and vacated a lost profits award in this contract action.
Closing Documents Involving the Sale of Stock Should Be Reviewed by an Accountant
The U.S. Court of Appeals affirmed the decision denying reformation of closing documents prepared and signed in connection with the sale of shares in a veterinary hospital.
Gary Raiczyk v. Ocean County Veterinary Hospital, et al.
The U.S. Court of Appeals affirmed the decision denying reformation of closing documents prepared and signed in connection with the sale of shares in a veterinary hospital.
Lost Profits Award Knocked Out in Boxer’s Contract Action
The Washington Court of Appeals reversed an award for lost profits in this interference with a professional boxer’s management contract action because it was not reasonably certain.
David Wells, et al. v. Ray Frye
The Washington Court of Appeals reversed an award for lost profits in this interference with a professional boxer’s management contract action because it was not reasonably certain.
CEO’s Complex Damage Model Excluded Under Fed. R. Evid. 701 and 702
The U.S. Court of Appeals for the 10th Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
LifeWise Master Funding, et al. v. Telebank
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Economic Expert Excluded Because His Report Was Incomplete
The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.
Matthew Headley Holdings, LLC v. McCleary, Inc.
The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.
JGR, Inc. v. Thomasville Furniture Industries, Inc. (I)
The issue in this breach of contract case was the value of the company for the purposes of damages.
Contract Claims Dismissed When Economic Damages Testimony Was Found Unreliable
The U.S. Court of Appeals for the 8th Circuit affirmed the district court’s exclusion of an economic damages expert because he failed to adequately support many of the assumptions underlying his valuation.
Meterlogic, Inc. v. KLT, Inc., et al.
The U.S. Court of Appeals for the 8th Circuit affirmed the district court’s exclusion of an economic damages expert because he failed to adequately support many of the assumptions underlying his valuation.
Advertising Expenses Awarded in Lieu of Lost Future Sales
The U.S. Court of Appeals for the 10th Circuit affirmed in part a lower court’s award of lost profits in this breach of contract action.
Skier's Edge Company v. Ladapa Die & Tool, Inc.
The U.S. Court of Appeals for the 10th Circuit affirmed in part a lower court’s award of lost profits in this breach of contract action.
Climaco Guzman v. Jan-Pro Cleaning Systems, Inc. (Guzman II)
The Rhode Island Superior Court affirmed an award of lost profits in this breach of contract matter, which deducted labor costs as an ordinary expense to an owner-operated cleaning business. The court ruled that business valuation principles, which consid ...
Rhode Island Prefers Business Valuation Principles to GAAP for Damage Calculation Purposes
The Rhode Island Superior Court affirmed an award of lost profits in this breach of contract matter, which deducted labor costs as an ordinary expense to an owner-operated cleaning business.