Steve Davis v. Forest River, Inc.
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
Damages Based on Subsequent IPO Price
This breach of contract action arose as a result of defendant's alleged termination of plaintiff's employment relationship.
Damages Based on Retention of Patients Affirmed
The Illinois Court of Appeals, 4th District, considered whether a lost profits award for breach of a noncompete agreement was speculative.
Prairie Eye Center, Ltd. v. Patrick J. Butler, M.D.
The Illinois Court of Appeals, 4th District, considered whether a lost profits award for breach of a non-compete agreement was speculative.
Value Set Forth In Redemption Agreement Enforced Against Law Firm
The New Jersey Superior Court, Somerset County, determined the value for stock in a law firm as set forth in the firm’s shareholders’ agreement should be enforced in favor of a shareholder, who committed a breach of fiduciary duty.
Nelson v. Craner, et al.
The New Jersey Superior Court, Somerset County, determined the value for stock in a law firm as set forth in the firm’s shareholders’ agreement should be enforced in favor of a shareholder, who committed a breach of fiduciary duty.
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc.
The Illinois Supreme Court affirmed a damage award for violation of the Motor Vehicle Franchise Act.
Damages Awarded for Violation of the Motor Vehicle Franchise Act
The Illinois Supreme Court affirmed a damage award for violation of the Motor Vehicle Franchise Act.
Lost Profits Limited to Two Years Following the Breach
The New Jersey Superior Court awarded the plaintiffs’ lost profits for the defendant’s breach of contract to produce flour.
V.M. & F. Corp., et al. v. Dawn Food Products, Inc.
The New Jersey Superior Court awarded the plaintiffs’ lost profits for the defendant’s breach of contract to produce flour.
Lost Opportunity Damages Calculated Using Direct-Market-Data Method
The Arkansas Court of Appeals affirmed a lost opportunity damages award for Stevens’ failure to transfer ownership of a hospice.
Patricia Stevens, et al. v. Robert Levi Wilmoth, Jr.
The Arkansas Court of Appeals affirmed a lost opportunity damages award for Stevens’ failure to transfer ownership of a hospice.
Pollen v. Aware, Inc.
This action arose as a result of defendant's alleged termination of plaintiff's employment relationship, which defendant claimed resulted in the extinguishments of plaintiff's stock options.
Lost Profits From Failed Merger Not Recoverable
The U.S. District Court for the District of Arizona denied Southern Union lost profits stemming from an unconsummated merger.
Southern Union Company v. Southwest Gas Corporation, et al.
The U.S. District Court for the District of Arizona denied Southern Union lost profits stemming from an unconsummated merger.
Lost Profits Recoverable During Reasonable Notification Period
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Maytronics, Ltd. v. Aqua Vac Systems, Inc.
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Overhead Expenses Attributable to Breached Contract Deducted
The New Hampshire Supreme Court affirmed an arbitrator’s decision to reduce a breach of contract damage award for overhead expenses directly attributable to the parties’ contract.
John A. Cookson Company v. New Hampshire Ball Bearings, Inc.
The New Hampshire Supreme Court affirmed an arbitrator’s decision to reduce a breach of contract damage award for overhead expenses directly attributable to the parties’ contract.
Actual Operating Results Must Be Considered
A divided Texas Court of Appeals, 4th District, reversed a lost profits damage award in this breach of contract case.
SBC Operations, Inc. v. The Business Equations, Inc.
A divided Texas Court of Appeals, 4th District, reversed a lost profits damage award in this breach of contract case.
Overhead Expenses Not Includible in Lost Profits Calculation
The Washington Court of Appeals, Division II, reversed the lower court’s award of Whitlock’s salary as unjust enrichment damages in addition to Staff Builders’ lost profits.
Staff Builders Home Healthcare, et al. v. Dean A. Whitlock, et al.
The Washington Court of Appeals, Division II, reversed the lower court’s award of Whitlock’s salary as unjust enrichment damages in addition to Staff Builders’ lost profits.
Admission of Experts and New Business Rule Considered
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
Humetrix, Inc. v. Gemplus, S.C.A., et al.
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.