Employee Compensation and Amount of Competition Considered in Lost Profits Analysis
The California Court of Appeals, 6th District, affirmed the lower court’s denial of damages in this breach of fiduciary duty and intentional interference with economic advantage case.
Expert Challenged Under Old Frye Rule Rather Than Daubert
David Kline was the station manager of Reading Radio Inc., t/d/b/a WAGO Radio.
10th Circuit Affirms Experts’ Range of 'Typical' Control Premium
In this breach of contract action for salmonella contamination, the district court used a precontamination offer to purchase the company’s assets as evidence of precontamination fair market value.
Randy Walter v. Kia Motors America, Inc., et al.
The California Court of Appeals for the Second District affirmed the lower court’s decision not to award Walter a share of Kia’s profits based on Kia’s misappropriation of Walter’s likeness. It found that the damage calculation simply assumed that Kia’s p ...
Profits From Advertisement Must Be Established Using Expert Testimony
The California Court of Appeals for the 2nd District affirmed the lower court’s decision not to award Walter a share of Kia’s profits based on Kia’s misappropriation of Walter’s likeness.
Eateries, Inc. v. J.R. Simplot Company
Issue is whether the district court used an incorrect methodology to calculate damages from sale of salmonella contaminated food. Method was difference between FMV before and after.
Reading Radio, Inc. v. Fink
Issues were whether the trial court erred in accepting a broker of media properties as an expert qualified to testify as an appraiser and denying motion in limine to exclude report and testi ...
Guillermo Sostchin v. Doll Enterprises, Inc.
Sostchin, through a trust controlled by him, operated a multi-tenant commercial building that was destroyed by fire. Doll Enterprises operated a shoe store in Sostchin’s building, and was awarded lost profits following the fire that was negligently caused ...
Owner’s Compensation Must Be Considered In Calculating Net Profits
Sostchin, through a trust controlled by him, operated a multitenant commercial building that was destroyed by fire.
Damage Estimate Determined Using Average Monthly Income
The California Court of Appeals affirmed the trial court’s award of compensatory damages in this unfair business practices case involving competing limousine companies.
Thouqan Issa Makapleh v. Mahmood Ali Alkurdi
The California Court of Appeals affirmed the trial court’s award of compensatory damages in this unfair business practices case involving competing limonene companies. The plaintiff estimated his loss based on his historical earnings. Although the trial c ...
Lost Book of Business Valued Using a Multiple of Two Times Annual Commissions
The Washington Court of Appeals affirmed a damage award for a lost book of business in this tortious interference with a business expectancy case.
Newton Insurance Agency v. Caledonian Insurance Group
The Washington Court of Appeals affirmed a damage award for a lost book of business in this tortious interference with a business expectancy case. The book of business was valued using two times annual commissions.
Robert R. Vanderbeek, et al. v. Vernon Corporation
The Colorado Supreme Court affirmed the appellate court’s finding that Vanderbeek wrongfully attached Vernon Corporation’s funds. The Court found that the wrongful attachment caused Vernon to buy less and pay more for shares of stock in a company it desi ...
Damages for Wrongful Attachment Calculated on Cost Basis
The Colorado Supreme Court affirmed the appellate court’s finding that Vanderbeek wrongfully attached Vernon Corp.’s funds.
Bennini, Inc. v. Tai Yuen Textile Co., Ltd.
The California Court of Appeals, Second District, affirmed a jury’s award of $5.5 million in lost profits in this commercial negligence case. The court noted that the fact of lost profits must be reasonably certain, and that the fact was established using ...
Historical Data Established Reasonable Certainty of Lost Future Profits
The California Court of Appeals, 2nd District, affirmed a jury’s award of $5.5 million in lost profits in this commercial negligence case.
KIds' Universe, et al. v. In2Labs, et al.
The California Court of Appeals for the First District affirmed the lower court's decision denying Kids' Universe recovery of lost profits from a stillborn Internet toy store. The expert compared the subject company to one successful Internet toy company ...
Lost Profits Must Be Reasonably Certain
The California Court of Appeals for the 1st District affirmed the lower court's decision denying Kids' Universe recovery of lost profits from a stillborn internet toy store.
Expert Testimony Establishes Unprofitability
The Tennessee Court of Appeals affirmed the trial court’s exclusion of expert testimony and ruling of summary judgment.
John L. Pointer, et al. v. Tennessee Equity Capital Corporation, et al.
The Tennessee Court of Appeals affirmed the trial court’s exclusion of expert testimony and ruling of summary judgment. After a failed business relationship with the defendant, the plaintiff also sued the defendant for actions that caused his company to l ...
Lost Profits Based on Historical Sales Affirmed
The U.S. Court of Appeals for the 5th Circuit considered a lost profits award for tortious interference with economic relations (i.e., the inducement of an sales agent under an exclusive agreement to cease selling Sulzer’s cardio devices).
Sulzer Carbomedics, Inc. v. Oregon Cardio-Devices, Inc. et al.
The U.S. Court of Appeals for the Fifth Circuit considered a lost profits award for tortious interference with economic relations (i.e. the inducement of an sales agent under an exclusive agreement to cease selling Sulzer’s cardio devices). The jury awar ...
Walter Lively, et al. v. Robert J. Rufus, et al.
The Supreme Court of West Virginia reversed and remanded the case on a number of grounds.
Worthless Business Could Experience Financial Damages
The Supreme Court of West Virginia reversed and remanded the case on a number of grounds.
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