Owner’s Seemingly Speculative Lost Profits Estimate Is Better Than No Testimony
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Uncertainty in Amount of Expenses Does Not Preclude Lost Profits Award
The New Jersey Superior Court, Appellate Division, affirmed a trial court’s summary judgment for lost profits in this breach of an oral contract case.
V.A.L. Floors, Inc., et al. v. Westminster Communities, Inc.
The New Jersey Superior Court, Appellate Division, affirmed a trial court’s summary judgment for lost profits in this breach of an oral contract case.
Ron Hoffman v. Harmony Pictures, Inc., et al.
The California Court of Appeals, Second District reduced a damage award for wrongful termination. It found that the trial court failed to deduct the terminated employee’s compensation earned after the wrongful termination from the post-termination amount ...
Damages for Wrongful Cancellation of Stock Option Calculated Under Stock Option Agreement
The California Court of Appeal, 4th District, measured damages for breach of a stock option agreement as though the stock option agreement had been fully performed.
Douglas A. Augustine v. InterVU, Inc.
The California Court of Appeals, 4th District, measured damages for breach of a stock option agreement as though the stock option agreement had been fully performed.
Breach of Stock Option Contract Damages Measured as of the Date of the Breach
The U.S. Court of Appeals for the 2nd Circuit reversed damage awards for breach of stock option and restricted stock contracts.
Edward E. Lucente v. International Business Machines Corporation (II)
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
Lost Profits Based Solely on Business Plan Rejected
The Florida Court of Appeals, 3rd District, reversed an award for lost profits.
North Dade Community Development Corp. v. Dinner's Place, Inc.
The Florida Court of Appeals, 3rd District reversed an award for lost profits.
Lost Earnings Calculated
The Alaska Supreme Court reversed the trial court’s award of lost earnings and struck the jury’s award of lost future earnings in this wrongful termination case.
Central Bering Sea Fishermen's Association, et al. v. Susan D. Anderson
The Alaska Supreme Court reversed the trial court’s award of lost earnings and struck the jury’s award of lost future earnings in this wrongful termination case.
Energy Capital Corp. v. United States
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Risk-Adjusted Discount Rate Should Be Used to Calculate Present Value
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Lost Profits Awards Affirmed in Breach of Distribution Agreement Case
The California Court of Appeal for the 3rd District affirmed an arbitrator’s award of lost profits in this breach of contract case that resulted in the destruction of Barker’s business.
Phillip J. Barker v. Vulcan Chemical Technologies, Inc., et al.
The California Court of Appeals for the 3rd District affirmed an arbitrator’s award of lost profits in this breach of contract case that resulted in the destruction of Barker’s business.
Prospective Profits of New Business Must Not Be Speculative
The Washington Court of Appeals affirmed the trial court’s decision to deny an award of lost profits in this breach of contract case.
Northwest Mining and Extraction, Inc. v. Safe Guard Products, et al.
The Washington Court of Appeals affirmed the trial court’s decision to deny an award of lost profits in this breach of contract case.
Kyocera Corporation v. Prudential-Bache Trade Services, Inc., et al.
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.
Lost Value Fixed as of Contract Termination Date
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.
Damage Expert’s Testimony Admitted Over Daubert Challenge
The U.S. Court of Appeals for the 1st Circuit considered the admissibility of expert testimony.
Seahorse Marine Supplies, Inc. v. Puerto Rico Sun Oil Company
The U.S. Court of Appeals for the 1st Circuit considered the admissibility of expert testimony.
Accounting Background or Industry Experience Not Required for Admission of Business Valuation Testimony
The California Court of Appeal, 4th District, affirmed the jury’s awarded of $4.5 million for lost business opportunity stemming from a breach of contract to sell a business.
Tom Dekker v. Topcon American Corp.
The California Court of Appeals, 4th District, affirmed the jury’s awarded of $4.5 million for lost business opportunity stemming from a breach of contract to sell a business.
Lost Profits Calculation Must Be Supported With Evidence
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.