Contract Unambiguously Excluded Environmental Liabilities From Fair Market Value
The issue on appeal was the meaning of the term "fair market value" in an abandonment provision of an option agreement.
Increase in Stock Price Is Foreseeable When Calculating Damages for Stock Options
The California Court of Appeal, 2nd Appellate District, determined the increase in a stock’s market price occasioned by a corporate merger was reasonably foreseeable for the purpose of calculating damages in a breach of contract action.
Karl J. Reeb v. Airtouch Communications, Inc.
The California Court of Appeal, 2nd Appellate District, determined the increase in a stock’s market price occasioned by a corporate merger was reasonably foreseeable for the purpose of calculating damages in a breach of contract action.
Salesperson’s Testimony Insufficient to Establish Lost Profits
The New Jersey Superior Court, Appellate Division, reversed the lower court’s award of lost profits.
P.F.I., Inc. v. Nadezda Kulis
The New Jersey Superior Court, Appellate Division, reversed the lower court’s award of lost profits.
Natural Balance Pet Foods, Inc. v. Chenango Pet Foods, Inc.
The California Court of Appeal, 2nd District, concluded that testimony from a forensic accountant as to the lost profits arising from a breach of contract were not speculative because the computation was based in part on management’s projections.
Lost Profits Based on Management Projections
The California Court of Appeal, 2nd District, concluded that testimony from a forensic accountant as to the lost profits arising from a breach of contract were not speculative because the computation was based in part on management’s projections.
Damages Based on Inconsistent Testimony
Kraatz sued Heritage Imports for wrongful termination.
Four Seasons Automotive Services, Inc. v. Joan Neubauer, et al.
The Minnesota Court of Appeals remanded a lost profits award for recalculation.
Filling Station’s Lost Profits Determined
The Minnesota Court of Appeals remanded a lost profits award for recalculation.
Dog Groomer’s Lost Profits for Breach of Lease Based on Operating History at the Leased Facility
The Washington Court of Appeals affirmed the trial court's award of lost profits in this breach of lease agreement case.
Hilltop Sports, LLC v. Dawnell Stucke
The Washington Court of Appeals affirmed the trial court's award of lost profits in this breach of lease agreement case.
Value of Replacement Options Determined
The Delaware Court of Chancery determined damages for breach of a sale agreement pursuant to a merger.
Michael Cormie, et al. v. Enterasys Networks, Inc.
The Delaware Court of Chancery determined damages for breach of a sale agreement pursuant to a merger.
Damages Fixed as of Date of Delivery
The U.S. Court of Appeals for the 4th Circuit affirmed the lower court’s damage calculation in this breach of contract to deliver natural gas case.
Hess Energy, Inc. v. Lightning Oil Co., Ltd.
The U.S. Court of Appeals for the 4th Circuit affirmed the lower court’s damage calculation in this breach of contract to deliver natural gas case.
Conversion Measure of Damages Inappropriate in Breach of Contract Case
The U.S. Court of Appeals for the 2nd Circuit reversed the district court’s calculation of damages for breach of contract to assign warrants in a publicly traded company.
Oscar Gruss & Son, Inc. v. Yossie Hollander
The U.S. Court of Appeals for the 2nd Circuit reversed the district court’s calculation of damages for breach of contract to assign warrants in a publicly traded company.
Damages for Delay in the Transfer of Stock Measured by the Loss in Value
The Washington Court of Appeals considered the appropriate measure of damages for a delay in a stock distribution when the value of the stock fell between the date of the breach and the date the stock was transferred.
Kirlan Venture Capital, Inc. v. John Morebeck, et al.
The Washington Court of Appeals considered the appropriate measure of damages for a delay in a stock distribution when the value of the stock fell between the date of the breach and the date the stock was transferred.
Expert Report Stricken; Lost Profits Projection Too Speculative
The issue in this breach of contract action was the amount of lost profits damages Sun Insurance was entitled to, if any.
Chiropractors’ Lost Profits for Breach of Contract Determined
The Wisconsin Court of Appeals affirmed a lower court’s award of lost profits in this breach of contract action.
Joseph Teff, D.C., et al. v. Unity Health Plans Insurance Corporation
The Wisconsin Court of Appeals affirmed a lower court’s award of lost profits in this breach of contract action.
Book Value Includes Accounts Receivable Pursuant to Stock Purchase Agreement Formula
One of the issues in this breach of contract action was the buy-out price of the plaintiffs 250 shares of common stock in Westmoreland Obstetric and Gynecologic Associates, S.C.
Successor Trustee Bound by 'Final and Binding' Appraisal
The predecessor trustee of a family trust did not object to the selection of an appraiser to value the closely held company stock, which would be transferred to the trust on the death of the majority shareholder.