Damages Must Be Tied to the Facts
The 5th Circuit Court of Appeals reversed and remanded the award of lost profits and compensatory damages stemming from Liqui-Box's defective products.
Great Pines Water Co., Inc. v. Liqui-Box Corporation
The Fifth Circuit Court of Appeals reversed and remanded the award of lost profits and compensatory damages stemming from Liqui-Box's defective products. Great Pines utilized Liqui-Box's defective capping system in its bottled water business. Great Pine ...
Everen Securities, Inc. v. A.G. Edwards and Sons, Inc., et al.
The Illinois Court of Appeals, 3rd District, affirmed the award of lost profits based a valuation of the company using the discounted lost profits method in this breach of fiduciary duty case. The firm was crippled after its vice president left Everen fo ...
Discounted Lost Profits Method Used to Calculate Damage Award
The Illinois Court of Appeals, 3rd District, affirmed the award of lost profits based a valuation of the company using the discounted lost profits method in this breach of fiduciary duty case.
Tire Shredders, Inc. v. ERM-North Central, Inc.
The Tennessee Court of Appeals permitted Tire Shredders to recover the value of personal property and lost profits for the total destruction of personal property (an industrial shredder) in this negligence action. The lost profits were calculated based on ...
Lost Profits Awarded When Property Was Completely Destroyed
The Tennessee Court of Appeals permitted Tire Shredders to recover the value of personal property and lost profits for the total destruction of personal property (an industrial shredder) in this negligence action.
Richard A. Small v. Paul Sussman, et al.
The Illinois Court of Appeals affirmed the lower court's refusal to permit a minority shareholder from bringing a derivative action as a direct action against the majority shareholder in addition to the pending appraisal action. The court noted that the v ...
Derivative Causes of Action Should Be Considered When Determining Fair Value
The Illinois Court of Appeals affirmed the lower court's refusal to permit a minority shareholder from bringing a derivative action as a direct action against the majority shareholder in addition to the pending appraisal action.
Ronald L. Willard v. Moneta Building Supply, Inc., et al.
The Virginia Court of Appeals affirmed the lower court's dismissal of an action brought by a minority shareholder that alleged a breach of the fiduciary duty to maximize the sale price of a building materials company. The lower court found that the board ...
Business Valuations Support Directors’ Decision to Sell the Company
The Virginia Court of Appeals affirmed the lower court's dismissal of an action a minority shareholder brought that alleged a breach of the fiduciary duty to maximize the sale price of a building materials company.
Forklift Systems, Inc. v. Werner Enterprises
The Tennessee Court of Appeals concluded that a lost profits award should be based on net profits rather than gross profits in this negligence matter where Werner's truck disabled power at Forklift's business for 1.5 days. The court additionally vacated ...
Lost Profits Award Recalculated to Consider Costs of Doing Business
The Tennessee Court of Appeals concluded that a lost profits award should be based on net profits rather than gross profits in this negligence matter where Werner's truck disabled power at Forklift's business for 1.5 days.
Jose M. Terrones, et al. v. Abel J. Tapia, P.E., et al.
The Colorado Court of Appeals affirmed the lower court's grant of summary judgment against Terrones on his negligent construction claim. Tapia improperly built the drive-in at Terrones' restaurant and, thus, Terrones was unable to receive a certificate o ...
The Amount of Lost Profits Must Be Supported by Substantial Evidence
The Colorado Court of Appeals affirmed the lower court's grant of summary judgment against Terrones on his negligent construction claim.
Comparison of Business Between Locations Establishes Lost Profits
The Maine Supreme Court affirmed the award of lost profits and relocation costs for MacDonald's interference with James' economic advantage when MacDonald represented he would but did not grant James a permit to operate at MacDonald's pier.
James V. James et al. v. David MacDonald et al.
The Maine Supreme Court affirmed the award of lost profits and relocation costs for MacDonald's interference with James' economic advantage when MacDonald represented he would but did not grant James a permit to operate at MacDonald's pier. James operated ...
Brian Zdeb, et al. v. Baxter International, Inc.
The Illinois Court of Appeals concluded that the new business rule did not preclude Zdeb from recovering lost royalties resulting from Baxter's interference with Zdeb's infuser. Zdeb created the infuser after his non-compete agreement with Baxter expired ...
Lost Royalties Awarded in Spite of Illinois’ New Business Rule
The Illinois Court of Appeals concluded that the new business rule did not preclude Zdeb from recovering lost royalties resulting from Baxter's interference with Zdeb's infuser. Zdeb created the infuser after his non-compete agreement with Baxter expired ...
Mercantile Bank v. B & H Associated, Inc., et al.
The Arkansas Supreme Court determined that a bank's sale of collateral - a computer source code- was commercially unreasonable because the bank failed to adequately market the collateral or determine the fair market value of the collateral. Furthermore ...
Carl F. Zinn v. GJPS Lukas, etc., et al.
The Florida Appellate Court for the Fifth District reversed a lower court's decision granting a directed verdict in favor of Lukas. Lukas' aerial pesticides were over spayed into Zinn's shrimp and tropical fish farm poisoning Zinn's ponds except for one c ...
Proper Measure of Damage to Continuing Business Is Lost Profits Not Value of Business
The Florida Appellate Court for the 5th District reversed a lower court's decision granting a directed verdict in favor of Lukas.
Samaritan Inns, Inc. v. District of Columbia, et al.
The U.S. Court of Appeals for the District of Columbia reversed and remanded an award of delayed and lost contributions sustained by a not-for-profit's capital campaign drive from D.C.'s unlawful interference. The appellate court noted that a not-for-pro ...
Lost Contributions to Not-for-Profit Similar to Lost Profits
The U.S. Court of Appeals for the District of Columbia reversed and remanded an award of delayed and lost contributions sustained by a not-for-profit's capital campaign drive from D.C.'s unlawful interference.
Ben Lomond, Inc. v. Louis Schwartz
The Alaska Supreme Court reversed a damage award for Lomond's breach of fiduciary duty to a joint salvage venture. The court found Lomond liable for improper charges to the joint venture. The damages were based on Schwartz's accounting records and testim ...
Reasonable Basis Required to Sustain Award of Damages for Breach of Fiduciary Duty
The Alaska Supreme Court reversed a damage award for Lomond's breach of fiduciary duty to a joint salvage venture.
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