Expenses That Are Avoided Following the Breach Must Be Considered When Determining Lost Profits Flowing From That Breach
The California Court of Appeals, 5th District, affirmed the lower court's grant of a new trial to determine damages stemming from a breach of contract.
Western Warehousing & Distributing Inc. v. Pursell Industries, Inc.
The California Court of Appeals, 5th District, affirmed the lower court's grant of a new trial to determine damages stemming from a breach of contract.
Owner’s Compensation Must Be Deducted From Lost Profits Award
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
SIHLE Insurance Group, Inc. v. Right Way Hauling, Inc.
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
RJE Corp. v. Northville Indus. Corp.
The issue was the meaning of the term "fair market value" in an abandonment provision of an option agreement and whether it excluded potential environmental liabilities.
Kraatz v. Heritage Imports
Issue was damages where employment agreement entitled plaintiff to 15% of the value of Heritage's stock in excess of $2.5 million, in the event of wrongful termination.
Heartland Rail Corp. v. Railroad Development Corp.
There are several motions pending and fully briefed before the court in this case.
Losses Not Flowing From the Breach Must Be Considered When Establishing Lost Profits Flowing From Breach of Noncompete Agreement
The Minnesota Court of Appeals reversed an award of lost past and future profits for breach of a noncompete agreement.
Deborah L. Fung, D.D.S. v. Richard F. Riemenschneider
The Minnesota Court of Appeals reversed an award of lost past and future profits for breach of a noncompete agreement.
Fiduciary Duties and Disclosure Requirements Considered
The California Court of Appeals, 2nd District, reversed a motion for summary judgment in this breach of fiduciary duty of a majority shareholder to a minority shareholder in a closely held company.
Walter J. Neubauer v. Andrew Goldfarb
The California Court of Appeals, Second District reversed a motion for summary judgment in this breach of fiduciary duty of a majority shareholder to a minority shareholder.
Lost Profits Established Using Average Prebreach Monthly Income
The Minnesota Court of Appeals affirmed a lower court’s use of prebreach average monthly income when establishing the lost profits of a new business.
Robert Haff, et al. v. Richard Augeson D/BA/ Hubbard Concrete Pumping, et al.
The Minnesota Court of Appeals affirmed a lower court’s use of pre-breach average monthly income when establishing the lost profits of a new business. It rejected the company’s argument that the estimated post-breach income the company would have earned b ...
Lost Profits Must Be Net Profits Not Gross Profits
The California Court of Appeal, 2nd District, reversed a jury's award of damages in this breach of an implied contract case.
Embroidery Industries, Inc. v. LCI Laundry, Inc.
The California Court of Appeal, 2nd District, reversed a jury's award of damages in this breach of an implied contract case.
Lost Future Profits Award Deemed Speculative
The California Court of Appeal for the 1st Appellate District reversed an award for lost future damages following for a breach of contract.
Stephen Weissberg v. Rene Pinado, et al.
The California Court of Appeals for the 1st Appellate District reversed an award for lost future damages following for a breach of contract.
Sun Insurance Marketing Inc. v. AIG Life Insurance Co.
This cause came before the Court upon Defendants' Motion for Partial Summary Judgment (Dkt. #58) and Plaintiff's response thereto (Dkt. #60).
Lost Future Profits From Farming Operation Require More Than Owner Testimony
The California Court of Appeal affirmed the lower court’s decision that lost future profits from an almond orchard enterprise could not be recovered in this breach of contract action.
Aaron L. Miller v. Blewitt Ranch, et al.
The California Court of Appeal affirmed the lower court’s decision that lost future profits from an almond orchard enterprise could not be recovered in this breach of contract action.
Stauffer v. Westmoreland Obstetric and Gynecology Associates
One of the issues in this breach of contract action was the buy-out price of the plaintiff's 250 shares of common stock.
Drummy v. Wall Co., Inc.
Successor trustee brought suit against the company for breach of contract, arguing that the appraiser the prior trustee selected was not independent as the shareholder agreement required.
New Business Rule Does Not Preclude Lost Profits Award to Franchisee
The Washington Court of Appeals determined that the new business rule did not preclude an award of lost profits based on a breach of a commercial lease to a franchisee who was unable to open its franchise as a result of the breach.
613 Fairview Ave., LLC v. Pong's Corp. Inc.
The Washington Court of Appeals determined that the new business rule did not preclude an award of lost profits based on a breach of a commercial lease to a franchisee who was unable to open its franchise as a result of the breach.
Century 21 Real Estate Corp. v. Meraj International Investment Corp.
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.