JGR, Inc. v. Thomasville Furniture Industries, Inc. (III)
On plaintiff’s third attempt to prove damages due to defendant’s breach of contract, Sixth Circuit permits expert to present lost business value based primarily on discounted cash flow analysis.
JGR, Inc. v. Thomasville Furniture Industries, Inc. (IV)
Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke (Doc. No. 308) addressing (1) the admissibility of Plaintiff’s expert’s testimony under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589 (1993); (2) Defendant ...
Beijing Tong Ren Tang (USA) Corp. v. TRT USA Corporation et al.
Court vacates over $2 million in lost profits for new venture, finding the damages expert relied solely on “grandiose” and unrealistic business plans.
CR-RSC Tower I, LLC v. RSC Tower I, LLC
Court of Appeals affirms $36.3 million lost profits for real estate development, finding that evidence of post-breach market deterioration was not relevant and permitting recovery for collateral damages, even though re-sale contracts did not exist for the ...
Blinds to Go (U.S.), Inc. v. Times Plaza Development, L.P.
Court vacates $4.2 million lost profits award, finding that plaintiff’s “sister stores” did not furnish comparable basis for damages projections.
Felman Production, Inc. v. Industrial Risk Insurers
Court dismisses claim for business interruption losses because neither the plaintiff nor its experts could prove an actual lost sale or lost sale opportunity caused by the damaged equipment.
Lost Profits Damages Cannot Contradict Contract Terms
Court accepts expert damages calculation for breach of contract based on DCF methodology, including growth rate and discount rate assumptions, but precludes terminal value calculation that violated nonassignment clause.
Pure Power Boot Camp v. Warrior Fitness Boot Camp
Despite employees’ ‘egregious’ theft of business secrets, federal court denies lost profits damages for breach of employment agreement due to speculative and overreaching evidence.
Expert Overcomes Three Objections Before Comps Are Ruled Admitted
Nebraska Supreme Court affirms admission of expert lost profits calculations that relied on comparable companies owned by defendant.
Avoiding Problems of Proving Lost Profits by Using Lost Asset Value
Court of Appeals approves lost asset value for breach of contract to negotiate, noting fewer problems of proof than lost profits values, but opinion subject to dissent.
Allstate Sweeping, LLC v. City and County of Denver
Court accepts expert damages calculation for breach of contract based on DCF methodology, including growth rate and discount rate assumptions, but precludes terminal value calculation that violated nonassignment clause.
Regression Analysis of Cumulative Data Sets Unreliable Under Daubert?
Court upholds regression analysis of cumulative data sets under Daubert but strikes portions of expert’s damages calculations that project lost profits beyond stated contract term.
BV and MAI Appraiser Go Head-to-Head on Restaurant Discount Rate
Federal district court prefers discount rate for restaurant lost future rents based on industry data and research.
Gary’s Implement, Inc. v. Bridgeport Tractor Parts
Nebraska Supreme Court affirms admission of expert lost profits calculations that relied on comparable companies owned by defendant.
Lost Business Value Must Be Tied to Claims—and Claimants—in the Case
Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.
Daubert Requires Specific Documentary Evidence of New Business Sales
Court strikes expert’s $133 million lost profits damages for lack of any documentary evidence regarding actual sales the plaintiff made.
Columbia Park Golf Course, Inc. v. City of Kennewick
Court of Appeals approves lost asset value for breach of contract to negotiate, noting fewer problems of proof than lost profits values, but opinion subject to dissent.
Successful Restaurant Lost Profits Analysis Turns on Comprehensive Research
Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.
Industry and I-Banking Expert Admits Even He Wouldn’t Rely on His Own Report
Court strikes lost profits calculations for new energy drink distributor because the expert, an industry consultant/investment banker, failed to use scientific methods, market surveys, or reliable benchmark data.
First-Time Lost Profits Expert Challenged for Using Ibbotson Multiples
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
The Citrilite Co. v. Cott Beverages, Inc.
Court upholds regression analysis of cumulative data sets under Daubert but strikes portions of expert’s damages calculations that project lost profits beyond stated contract term.
Navigato v. SJ Restaurants, LLC
Federal district court prefers discount rate for restaurant lost future rents based on industry data and research.
Delaware Chancery Rejects DCF in Breach of Contract/Damages Litigation
Delaware Chancery Court applies a multiple of EBITDA analysis in assessing breach of contract expectancy damages, expressly rejecting DCF approach and fair market value.
Precision Fitness Equipment of Pompano Beach, Inc. v. Nautilus, Inc.
Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.
U.S. Renal Care v. Jaafar
Texas Court reverses $750,000 jury award for value of patient account receivables for lack of reliable expert evidence, including faulty assumptions and failure to review underlying patient and payer data.