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Kia v. Imaging Sciences International

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.

Lifetime Lost Profits Subject to Contractual Termination Limits

Court reduces an expert’s “lifetime” award of lost profits to the three-month termination/notice provisions under the employment contract.

Lost Profits Experts Should Analyze Client’s Basis for Loss

Court rejects lost profits award based on loss of major customer and international contract for failure to present sufficient evidence supporting the losses.

Defendant Uses Daubert to Deconstruct Expert’s DCF in Beer Distribution Case

Court considers Daubert challenge that would preclude DCF in valuing beer distribution rights based on alleged flaws and the superiority of market multiple approach.

Truman Arnold Companies v. Hammond and Consultants Enterprises, Inc.

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

Expert Valuations of Turner Sports Franchise Prove a Winner to Jury and Court

Court upholds jury verdict (and expert valuations) of $281 million for damages in breach of contract to sell Atlanta sports franchise.

The Water Quality Store, LLC v. Dynasty Spas, Inc.

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.

LB 4 Fish, LLC v. Developers Diversified Realty Corp.

Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.

CPA/Expert Rescues Insured From Post-Katrina Losses

Federal court confirms jury award of over $560,000 in business interruption losses due to damage to nursing home facility in the wake of Hurricane Katrina (2005).

Warren Distributing Co. v. In Bev USA, LLC

Court considers Daubert challenge that would preclude DCF in valuing beer distribution rights based on alleged flaws and the superiority of market multiple approach.

Textbook Case of Proving Lost Future Profits Based on Past Finances of the Business

Court confirms expert lost profit damages of $21.1 million based on careful calculation of earnout payments under breached sale and employment agreement.

Farmers Insurance Exchange v. Hudson

Court reduces an expert’s “lifetime” award of lost profits to the three-month termination/notice provisions under the employment contract.

Utility Trailer Sales of Kansas City, Inc. v. MAC Trailer Manufacturing, Inc.

Court qualifies expert’s 20% growth rate in lost profits calculation under Daubert.

Dong Ah Tire & Rubber Co. v. Glasforms, Inc.

Court rejects lost profits award based on loss of major customer and international contract for failure to present sufficient evidence supporting the losses.

Buffman, Inc. v. Lafayette Insurance Co.

Federal court confirms jury award of over $560,000 in business interruption losses due to damage to nursing home facility in the wake of Hurricane Katrina (2005).

Lost Profits Based on Single Price Quote Too Speculative?

Court upholds $10 million in lost profits damages against automaker supplier based on letter of intent, confidentiality agreement, and single price quote but confirms exclusion of $28 million in additional damages based on speculation.

Turner Broadcasting System v. McDavid

Court upholds jury verdict (and expert valuations) of $281 million for damages in breach of contract to sell Atlanta sports franchise.

Catlin Syndicate Ltd. v. Imperial Palace of Mississippi

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.

In re Texans CUSO Insurance Group

Court confirms expert lost profit damages of $21.1 million based on careful calculation of earnout payments under breached sale and employment agreement.

Lost Value of Failed Bank Turns on Expert Evidence of Market Cap and Control

U.S. Court of Appeals affirms Court of Claim’s award of $373 million for lost business value of troubled bank during savings and loan scandals, including a 50% control premium for lost enterprise/franchise value.

Damages Experts Lose the Daubert Battle in Deposition

Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.

Multimatic, Inc. v. Faurecia Interior Systems, USA, Inc.

Court upholds $10 million in lost profits damages against automaker supplier based on letter of intent, confidentiality agreement, and single price quote but confirms exclusion of $28 million in additional damages based on speculation.

Insolvency Valuation Plays Key Role in Failed Million-Dollar Merger

Delaware Chancery Court finds buyer knowingly and intentionally breached merger agreement by seeking insolvency opinion to derail financing and avoid liquidated damages.

Jury Awards $10 Million Lost Value for Internet Startup—But Court Dubious on Damages

Court reverses a $10 million damages award for the lost value of an internet startup for failure to show any record of profitability, working capital, or products to sell.

Slattery v. U.S.

U.S. Court of Appeals affirms Court of Claim’s award of $373 million for lost business value of troubled bank during savings and loan scandals, including a 50% control premium for lost enterprise/franchise value.

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