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Steven Grassilli v. Richard Barr

The California Court of Appeals, Fourth District, affirmed a jury’s award of compensatory damages, including lost profits and loss of business value, in this federal civil rights action. The court rejected challenges to the jury’s award based on the exper ...

Jury Awards Lost Profits and Lost Business Value for Police Harassment

The California Court of Appeals, 4th District, affirmed a jury’s award of compensatory damages, including lost profits and loss of business value, in this federal civil rights action.

Analyst Sued for Client’s Bad Faith Use of Appraisal

Is an analyst liable for a client’s bad faith use of appraisals?

Lost Profits Attributable to Loss of At-Will Employee Stricken

The Virginia Supreme Court reversed a trial court’s decision and struck a lost profits calculation that attributed the entire loss in profits to the loss of an at-will employee.

Saks Fifth Avenue, Inc. v. James, Ltd.

The Virginia Supreme Court reversed a trial court’s decision and struck a lost profits calculation that attributed the entire loss in profits to the loss of an at-will employee because the calculation did not differentiate between the loss attributable so ...

‘Total Offset’ Method to Calculate Lost Income Survives Attack as ‘Legally Impermissible’

Court approves “total offset” theory to prove lost future wages as legally sufficient.

Q International Corporation v. Smoak

Is an analyst liable for a client’s bad faith use of appraisals?

Miller v. Pacific Trawlers, Inc.

Court approves “total offset” theory to prove lost future wages as legally sufficient ...

Purchaser of Business May Not Rely on Appraisal Performed for Lender Obtained in Connection With Financing

The Wisconsin Court of Appeals affirmed the dismissal of this negligence action against an appraiser on summary judgment.

Display Promotions, Inc. v. DoveBid Valuation Services, Inc., et al.

The Wisconsin Court of Appeals affirmed the dismissal of this negligence action against an appraiser on summary judgment. The appellate court found that where the purchase agreement did not make the acquisition contingent upon financing or a satisfactory ...

Dissenting Judges Criticize Expert’s Lost Profits Calculation for Failing to Consider Lawful Factors Contributing to the Decline in Profits

The Mississippi Court of Appeals determined that lost profits damages were sufficiently proven and quantified in this business interference action based on the testimony of an economist.

Progressive Casualty Insurance Company v. All Care, Inc.

The Mississippi Court of Appeals determined that lost profits damages were sufficiently proven and quantified in this business interference action based on the testimony of an economist. The majority criticized the plaintiff for failing to introduce its o ...

Affects of Sept. 11, 2001, Considered in Lost Profits Determination Involving California Restaurant

The California Court of Appeals, 1st District, reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant.

RAF Enterprises LLC, et al. v. Trident LLC, et al.

The California Court of Appeals, First District reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant. In assessing the future revenues projections as of the date of wrongful act in 2000, the co ...

Storage Technology Corp. v. Cisco Systems, Inc.

The U.S. Court of Appeals affirmed a lower court’s dismissal of an action based on failure to evidence damages in this corporate raiding case. While expert testimony was presented that indicated the purchase price of the liable company (acquired by Cisco ...

Acquisition Price of Liable Company Must Be Analyzed When Used as a Basis for Damages in Corporate Raid Case

The U.S. Court of Appeals affirmed a lower court’s dismissal of an action based on failure to evidence damages in this corporate raiding case.

Weinstein Design Group, Inc. , et al. v. Cecil Fielder

The Florida Court of Appeal, Fourth District considered a compensatory damage award in this name misappropriation case. The jury received testimony from experts in the celebrity endorsement field. One expert valued the damages based on amounts Fielder’s ...

Court Considers Value of Celebrity’s Name

The Florida Court of Appeal, 4th District, considered a compensatory damage award in this name misappropriation case.

Court Rejects 'Academic' Expert Testimony

The issue in this case was the admissibility of an expert witness’s testimony.

Perfection Corp. v. Lochinvar Corp.

The issue in this case was the amount of loss caused by defective products.

Mohamad Rashedi, et al. v. John McCue, et al.

The California Court of Appeals affirmed the lower court’s order of a new trial on damages in this defamation and interference with prospective economic advantage case. The lower court determined that the jury’s award of lost profits, which was based enti ...

Lost Profits Estimates Must Be Supported by Actual Earnings

The California Court of Appeals affirmed the lower court’s order of a new trial on damages in this defamation and interference with prospective economic advantage case.

Admission of Expert Testimony Considered

In Dresser-Rand Company v. Virtual Auto­mation, Inc., etc., et al., No. 02-20834 (5th Cir. Feb. 23, 2004), the U.S. Court of Appeals for the 5th Circuit considered whether the lower court erred in admitting expert testimony calculating the amount of damages in this fraud case.

Dresser-Rand Company v. Virtual Automation, Inc.

United States Court of Appeals Fifth Circuit F I L E D February 23, 2004 Charles R. Fulbruge III Clerk Revised March 12, 2004 UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 02-20834 DRESSER-RAND COMPANY Plaintiff-Appellee-Cross-Appellant, VERSUS VIRTUAL AUTOMATION INC, ET AL. Defendants APIX, INC., a Florida Corporation; DENNIS C. MEZZATESTA, Individual; CHRIS TSIPOURAS, Individual Defendants-Appellants-Cross-Appellees __________________________________________________________ consolidated with No. 03-20417 DRESSER-RAND COMPANY Plaintiff-Appellant, VERSUS VIRTUAL AUTOMATION INC, a Texas Corporation, ET AL.

C.H. Reynolds Electric, Inc. v. Donald K. Spears

The California Court of Appeals, Sixth District affirmed the lower court’s denial of damages in this breach of fiduciary duty and intentional interference with economic advantage case. It found that the lost profits estimate provided by the plaintiff, and ...

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