Expert’s Methodology Should Be Challenged at Daubert Hearings, Not the Conclusions
The U.S. District Court for the Eastern District of Pennsylvania considered the admissibility of financial experts under Daubert.
ProtoComm Corp. v. Novell Advanced Services, Inc. et al.
The U.S. District Court for the Eastern District of Pennsylvania considered the admissibility of financial experts under Daubert.
Business Interruption Losses Awarded Despite Short Operating History
The 8th Circuit Court of Appeals affirmed the lower court’s award of business interruption losses in this vexatious refusal to pay case.
United Fire and Casualty Company v. Historic Preservation Trust
The 8th Circuit Court of Appeals affirmed the lower court’s award of business interruption losses in this vexatious refusal to pay case.
Elie Abboud, et al. v. Sylvester Robertson, et al.
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Lost Profits Based on Operating History
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Amount in Controversy Must Not Be Speculative
The U.S. District Court for the Eastern District of Pennsylvania determined that the amount in controversy had not exceeded the $75,000 requirement for federal jurisdiction.
The Bachman Company v. John C. MacDonald
The U.S. District Court for the Eastern District of Pennsylvania determined that the amount in controversy had not exceeded the $75,000 requirement for federal jurisdiction.
Gold v. Ziff Communications Co.
At issue is breach of contract.
Lost Business Value Damages Remanded for Calculation From Proper Date of Contract Breach
Among a complex web of disputes and grants of partial summary judgments, Gold sued Ziff Communications for breach of contract and sought lost business value damages.
Charles H. Lemon v. John Gressman
The Minnesota Court of Appeals reversed the lower court’s determination of damages in this breach of noncompete agreement case.
Damages for Breach of Noncompete Agreement Must Be Reasonably Certain
The Minnesota Court of Appeals reversed the lower court’s determination of damages in this breach of noncompete agreement case.
Debt to Owner Excluded If Selling Business
Bank One Milwaukee appealed the judgment of the Circuit Court for Milwaukee County to award damages and costs to Williams Bay Trading Co. on breach of contract and bad-faith claims.
Kinesoft Development Corporation v. Softbank Holdings Inc.
The U.S. District Court for the Northern District of Illinois declined to award future lost profits to a computer game developer and applied the new business rule in this breach of contract case.
New Business Rule Applied to Business With Operating History
The U.S. District Court for the Northern District of Illinois declined to award future lost profits to a computer game developer and applied the new business rule in this breach of contract case.
Mark Scully v. US WATS, Inc.
The U.S. Court of Appeals for the 3rd Circuit affirmed the district court’s determination of the value of stock options using the intrinsic value method in this breach of contract case.
Conversion Theory Rejected in Valuing Lost Stock Options
The U.S. Court of Appeals for the 3rd Circuit affirmed the district court’s determination of the value of stock options using the intrinsic value method in this breach of contract case.
Rivas v. Cantu
At issue is the admittance of expert testimony.
Dissent Disagrees With Implicit Conclusion That Financial Expert
This breach of contract and fraud action arose out of a joint venture to open an adult day care center.
Radec, Inc. v. Mounatineer Coal Development Company, et al.
The West Virginia Supreme Court affirmed the lower court's admission of the wrongdoer's financial information.
Financial Records Introduced at Trial
The West Virginia Supreme Court affirmed the lower court's admission of the wrongdoer's financial information.
Bank One Milwaukee v. Williams Bay Trading Co.
Bank One Milwaukee appealed the judgment of the Circuit Court for Milwaukee County to award damages and costs to Williams Bay Trading Co. on breach of contract and bad-faith claims.
Owner's Debt Not Included in Net Asset Value
Plaintiff, Bank One Milwaukee, appealed the judgment of the Circuit Court for Milwaukee County to award defendants, the clothing import company of Williams Bay Trading and owner, damages, and costs on breach of contract and bad-faith claims that arose out of an action to seize assets.
Liquidated Business Valued as Going Concern
The Wisconsin Court of Appeals concluded that the shareholder loans should be removed when determining the value of stock in a closely held corporation where one person owns all the stock.
Edward E. Lucente v. International Business Machines Corporation (I)
The U.S. District Court for the Southern District of New York considered the measure of damages for lost restricted stock and stock options in IBM in this breach of contract case.