Trenhaile v. J.H. Findorff & Son, Inc.
Claim for lost future profits must be supported by reasonable evidence. Expert's credibility at issue because of exclusion of bad years in his calculations for projection of business profit.
Gross Lost Profits Established Using Contractual Price and Quantity Figures
The U.S. Court of Appeals for the 11th Circuit affirmed the lower court’s decision that gross profits could be calculated using the quantity and price established in the breached contract.
Alphamed, Incorporated v. B. Braun Medical, Inc., et al.
The U.S. Court of Appeals for the 11th Circuit affirmed the lower court’s decision that gross profits could be calculated using the quantity and price established in the breached contract.
Breach of Contract Damages Were Not Reduced by Expenses When No Sustainable Evidence of Expenses Was Presented
The California Court of Appeal for the 3rd District affirmed a lower court award of damages for breach of contract based on the contract price rather than net lost profits in this breach of contract case.
Atlas Disposal Industries, LLC v. BRI Waste Systems of North America, Inc.
The California Court of Appeal for the 3rd District affirmed a lower court award of damages for breach of contract based on the contract price rather than net lost profits in this breach of contract case.
Dimer-ISG, Inc. v. DaimlerChrysler
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
National Economy Considered in Establishing Lost Profits Award
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
Lost Profits Award Based on Value of Business
The California Court of Appeal, 4th District, upheld a jury’s award of lost profits to Maingate after Zaby’s breached the property lease intended for hotel development.
Maingate Hotel Company, Inc. v. Zaby's LP
The California Court of Appeals, 4th District, upheld a jury’s award of lost profits to Maingate after Zaby’s breached the property lease intended for hotel development.
Club Car, Inc. v. Club Car (Quebec) Import, Inc., et al.
The U.S. Court of Appeals for the 11th Circuit affirmed the trial court’s decision to exclude an expert and his testimony under Daubert.
Expert Stricken Under Daubert for Calculating Gross Lost Profits
The U.S. Court of Appeals for the 11th Circuit affirmed the trial court’s decision to exclude an expert and his testimony under Daubert.
Lost Profits Calculated Based on Invoices of Alternative Supplier
The Tennessee Court of Appeals affirmed the calculation of a lost profits award in this breach of contract action.
Jay Johnson, et al. v. Reed Welch, et al.
The Tennessee Court of Appeals affirmed the calculation of a lost profits award in this breach of contract action.
Peter Polyakov, et al. v. Paul Berg, et al.
The California Court of Appeal affirmed the lower court's grant of summary judgment to the defendents in this negligent misrepresentation and breach of contract action.
Expert Testimony Required in Negligent Misrepresentation in Connection With a Business Sale
The California Court of Appeal affirmed the lower court's grant of summary judgment to the defendents in this negligent misrepresentation and breach of contract action.
Berne v. Boschulte
Defendants challenge valuation after they have signed unanimous consent for it. Judgment entered they violated settlement agreement from a prior action.
Nonbinding Letter of Intent Need Not Be Disclosed to Appraisers
The issue in this contract dispute was whether Railroad Development Corp. (RDC) had a duty to disclose the terms of a letter of intent to independent appraisers.
Carnival Operator Unable to Prove Lost Profits
The Iowa Court of Appeals affirmed the trial court’s decision to deny lost profits in this breach of contract case.
Kenny Maple v. Kevin Wilson, et al.
The Iowa Court of Appeals affirmed the trial court’s decision to deny lost profits in this breach of contract case.
Breach of Contract Claimant Makes Two Errors: No Attorney and No Damages Expert
The California Court of Appeal affirmed a trial court’s grant of summary judgment in this breach of contract action.
John Snavely v. Gary Smith
The California Court of Appeal affirmed a trial court’s grant of summary judgment in this breach of contract action.
Climaco Guzman v. Jan-Pro Cleaning Systems, Inc., et al. (Guzman I)
The Rhode Island Supreme Court reversed a trial court’s award of future damages.
Lost Profits Must Be Net Profits
The Rhode Island Supreme Court reversed a trial court’s award of future damages.
Psychic’s Lost Income Based on Historical Sales
The California Court of Appeal, 2nd District, affirmed a lower court’s award of damages in this breach of contract to provide reliable voice mail service case.
Linda Salvin v. Ionex Telecommunications, Inc.
The California Court of Appeal, 2nd District, affirmed a lower court’s award of damages in this breach of contract to provide reliable voice mail service case.