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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.

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.

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.

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.

Ho Myung Moolsan, Co. Ltd. v. Manitou Mineral Water, Inc.

Court strikes expert’s $133 million lost profits damages for lack of any documentary evidence regarding actual sales the plaintiff made.

Surviving Daubert Is Only Half the Battle in Presenting Lost Profits Damages

Court vacates future lost profits award based on lack of reliable expert evidence regarding future sales, beyond contract term.

Analyzing Healthcare AR: Reviewing Underlying Patient Data Is Critical, Court Says

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.

Valuing Damages for Breach of Oral Contract Poses Problems

Federal district court limits expert calculation of damages for breach of oral contract to the terms of the alleged agreement and bars testimony based on any written offers or industry practice.

Business Interruption Loss: Expert Should Consider Only Historical Sales

5th Circuit finds that only historical sales figures should factor into business-interruption lost profits claims and not an entity’s experience following the disaster.

Metro Tech Corp. v. TUV Rheinland of N.A.

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.

Lost Profits Expert Challenged for Using 20% Growth Rate in Current Economy

Court adopts lower end of expert’s reasonable royalty damages for patent infringement, saying it was not persuaded by top-end patent portfolio/lost profits analysis.

Court Cobbles Credible Basis From Expert Evidence to Confirm Lost Profits Damages

Appellate court affirms lost profits damages for a terminated dealership by “backing into the amount,” i.e., finding enough credible expert evidence by which the jury could have reasonably calculated its award.

WaveDivision Holdings, Inc. v. Millennium Digital Media Systems, LLC

Delaware Chancery Court applies a multiple of EBITDA analysis in assessing breach of contract expectancy damages, expressly rejecting DCF approach and fair market value.

R&R International v. Manzen, LLC

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.

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