Do Lost Profits Represent Diminished Value or Double Recovery?
In negligent misrepresentation suit arising out of plaintiff’s loss of business, court allows damages calculation that “identifies” lost profits, viewing lost profits as “a subset” of the total damages, not an additional amount.
Harrison Mfg., LLC v. JMG Mfg., Inc.
In negligent misrepresentation suit arising out of plaintiff’s loss of business, court allows damages calculation that “identifies” lost profits, viewing lost profits as “a subset” of the total damages, not an additional amount.
Prohibition Against Expert’s Legal Opinions Not Absolute
Court considers Daubert challenges against three of the defendants’ damages experts in this trade secrets suit, striking their legal conclusions but keeping most of their testimony regarding unjust enrichment and reasonable royalty damages as it relates t ...
Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC
Court considers Daubert challenges against three of the defendants’ damages experts in this trade secrets suit, striking their legal conclusions but keeping most of their testimony regarding unjust enrichment and reasonable royalty damages as it relates t ...
Financial Expert Makes Successful Case for Maritime Lost Profits
Court adopts lost profits calculations by the plaintiff’s damages expert for a deep harbor dredger, accepting higher utilization rate than historic rates based on evidence of “robust” market and lack of competition.
Great Lakes Business Trust v. M/T Orange Sun (I)
Court adopts lost profits calculations by the plaintiff’s damages expert for a deep harbor dredger, accepting higher utilization rate than historic rates based on evidence of “robust” market and lack of competition.
It’s Critical to Apply Correct Measure of Lost Business Value
District court reverses $3.5 million award for lost business value due to expert’s use of incorrect measure of damages (income approach), and because owner’s attempt to cure by testifying as to market value was unfair surprise and speculative.
Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.
District court reverses $3.5 million award for lost business value due to expert’s use of incorrect measure of damages (income approach), and because owner’s attempt to cure by testifying as to market value was unfair surprise and speculative.
Plaintiff Claims CPA With No Telecom Experience Cannot Rebut Loss of Use Damages
Federal district court precludes defendant’s expert from opining on the appropriateness of legal remedy (loss of use damages vs. lost profits).
Level 3 Communications v. Floyd
Federal district court precludes defendant’s expert from opining on the appropriateness of legal remedy (loss of use damages vs. lost profits), but admits his testimony criticizing the plaintiff’s loss of use calculus and proposing an alternative damage a ...
Defendant’s Rebuttal of Lost Profits Damages Does Not Form Independent Basis for Award
Court reverses $770,000 jury award for tortious interference and misappropriation of trade secrets based on expert’s failure to show that plaintiff would have made 100% of defendant sales.
Can an Expert’s Method Be Too Simple Under Daubert?
Court admits testimony of lost profits expert under Daubert, despite his overly simplistic analysis, including an alleged failure to consider such basic factors as incremental costs and intervening economic factors.
Court Credits BV Expert With Better Knowledge of Fair Value Law and Replicable Analysis
Court credits more experienced BV expert with statutory fair value appraisal of company that developed animal food supplements.
Glattly v. Air Starter Components, Inc.
Court reverses $770,000 jury award for tortious interference and misappropriation of trade secrets based on expert’s failure to show that plaintiff would have made 100% of defendant sales.
$2.5 Million in Lost Profits for Medicaid Provider Needs a Better Story, Better Data
Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.
California DHI, Inc. v. Erasmus
Court credits more experienced BV expert with statutory fair value appraisal of company that developed animal food supplements.
Coyne’s & Co., Inc. v. Enesco, LLC
Court admits testimony of lost profits expert under Daubert, despite his overly simplistic analysis, including an alleged failure to consider such basic factors as incremental costs and intervening economic factors.
Signature Health Center, LLC v. State of New York
Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.
Financial Expert Ensures Proof of Reasonable Royalty in Unjust Enrichment Case
1st Circuit upholds 3% reasonable royalty rate award for defendant’s misappropriation of plaintiff’s confidential biotech research.
Mixed Methodologies Render Expert’s Opinion on Lost Profits Unreliable
Lost profits calculations in construction claims case lacks objectivity, consistency, and specificity.
Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.
First Circuit upholds 3% reasonable royalty rate award for defendant’s misappropriation of plaintiff’s confidential biotech research.
Fluor Enterprises, Inc. v. Conex International Corp.
Lost profits calculations in construction claims case lacks objectivity, consistency, and specificity.
Federal Court Clarifies Rule on Discovery of Draft Valuation Reports
Court considers motion to exclude expert testimony for their admitted destruction of draft reports and emails and for their use of reasonable royalty methodology.
University of Pittsburgh v. David W. Townsend
Court considers motion to exclude expert testimony for their admitted destruction of draft reports and emails, and for their use of reasonable royalty methodology.
Action Marine Inc. v. Continental Carbon Inc.
Court upholds $1.2 million lost profits claim by boat business against carbon manufacturer for damages caused by egregious polluting.
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