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RKR Motors, Inc. v Associated Uniform Rental & Linen Supply, Inc.

KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.

Progressive Child Care Systems, Inc. v. Kids ‘R’ Kids International, Inc.

Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.

Catroppa v. Metal Building Supply, Inc.

Court excludes lost profits evidence that does not include analysis of costs incurred to produce the income.

Nieman v. Bunnell Hill Development, Co., Inc.

Owners’ lost profits calculations comparing profits from his restaurant at an old location to those he made a new location fall short of reasonable certainty standard.

Structural Polymer Group, Ltd. v. Zoltek Corporation

Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.

Hexion Specialty Chemicals, Inc. v. Huntsman Corp.

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

Wells Fargo Business Credit, Inc. v. Dovebid Valuation Services, Inc.

Lender attempts to sue appraisal firm after borrower (steel plant) defaults on loan, and forced liquidation is $5 million below appraised asset value.

Kearl v. Rausser

Four litigation experts/economists dispute damages calculations resulting from breach of contract to share in proceeds of transferring their practices.

Willis v. TRC Companies, Inc.

CEO with 30 years in business (but no BV credentials) survives Daubert challenge.

Highland Capital Management, L.P., v. Schneiders

In 1998, Leonard Schneider and his three children sold their apparel companies to Norton McNaughton Inc. for $66 million plus a future earnout payment based on the companies’ performance.

Nano-Proprietary Inc. v. Canon

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Tax Services of America, Inc. v. Mitchell

In September 2003, defendants sold their tax preparation business to Tax Services of America Inc. (TSA).

Court Rejects Lost Profits Model for Inclusion of Interest

In September 2003, defendants sold their tax preparation business to Tax Services of America Inc. (TSA).

Compania v. Titan International

Seventh Circuit affirms the exclusion of testimony from a CEO because he was truly an expert witness and not a fact witness, and the deadline for expert appearances had passed.

Use of ‘Hypothetical Market’ Standard in Valuing Record Company Logo

Court weighs in on the "hypothetical market" standard to determine logo's worth.

Lost Profits Evidence Turns on Key Expert Assumptions

Lost profits analysis by appraiser too speculative for court to uphold.

Latest Daubert Case Emphasizes Correct Measure of Damages

Court emphasizes the importance of accurate calculations in assessing damages, lost profits.

Qualifications, Experience Make This Appraiser Nearly Unassailable

Court articulates qualifications that make business appraiser nearly “bulletproof” under Daubert challenge.

Valuation Experts Required to Have Clear Credentials, Experience, and Methods

Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.

May Experts Rely on Client Financials and Customer Interviews?

Court considers whether lost profits expert may rely on client financial information and customer interviews.

‘Intrinsic Value’ Doesn’t Meet Daubert Criteria

Opinions of music industry consultant and attorney not reliable enough to prove lost value of startup record company.

Lost Profits Calculus Must Also Include Reasonable Expenses

Lost profits calculus must also prove associated expenses to a reasonable degree of certainty.

Dering v. Service Experts Alliance, LLC

Court emphasizes the importance of accurate calculations in assessing damages, lost profits.

Mood v. Kronos Products, Inc.

Lost profits analysis by appraiser too speculative for court to uphold.

Popovich v. Sony Music Entertainment, Inc.

Court weighs in on the "hypothetical market" standard to determine logo's worth.

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