Kirlan Venture Capital, Inc. v. John Morebeck, et al.
The Washington Court of Appeals considered the appropriate measure of damages for a delay in a stock distribution when the value of the stock fell between the date of the breach and the date the stock was transferred.
Joseph Teff, D.C., et al. v. Unity Health Plans Insurance Corporation
The Wisconsin Court of Appeals affirmed a lower court’s award of lost profits in this breach of contract action.
Western Warehousing & Distributing Inc. v. Pursell Industries, Inc.
The California Court of Appeals, 5th District, affirmed the lower court's grant of a new trial to determine damages stemming from a breach of contract.
Owner’s Compensation Must Be Deducted From Lost Profits Award
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
SIHLE Insurance Group, Inc. v. Right Way Hauling, Inc.
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
Kraatz v. Heritage Imports
Issue was damages where employment agreement entitled plaintiff to 15% of the value of Heritage's stock in excess of $2.5 million, in the event of wrongful termination.
Heartland Rail Corp. v. Railroad Development Corp.
There are several motions pending and fully briefed before the court in this case.
McRoberts Software, Inc. v. Media 100, Inc.
The U.S. Court of Appeals for the Seventh Circuit affirmed a jury's award of lost profits and actual damages in McRoberts suit for copyright infringement, trade secret misappropriation and breach of contract. McRoberts developed software to run on a Macin ...
Walter J. Neubauer v. Andrew Goldfarb
The California Court of Appeals, Second District reversed a motion for summary judgment in this breach of fiduciary duty of a majority shareholder to a minority shareholder.
Embroidery Industries, Inc. v. LCI Laundry, Inc.
The California Court of Appeal, 2nd District, reversed a jury's award of damages in this breach of an implied contract case.
Sun Insurance Marketing Inc. v. AIG Life Insurance Co.
This cause came before the Court upon Defendants' Motion for Partial Summary Judgment (Dkt. #58) and Plaintiff's response thereto (Dkt. #60).
Aaron L. Miller v. Blewitt Ranch, et al.
The California Court of Appeal affirmed the lower court’s decision that lost future profits from an almond orchard enterprise could not be recovered in this breach of contract action.
Drummy v. Wall Co., Inc.
Successor trustee brought suit against the company for breach of contract, arguing that the appraiser the prior trustee selected was not independent as the shareholder agreement required.
613 Fairview Ave., LLC v. Pong's Corp. Inc.
The Washington Court of Appeals determined that the new business rule did not preclude an award of lost profits based on a breach of a commercial lease to a franchisee who was unable to open its franchise as a result of the breach.
Century 21 Real Estate Corp. v. Meraj International Investment Corp.
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Owner’s Seemingly Speculative Lost Profits Estimate Is Better Than No Testimony
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Douglas A. Augustine v. InterVU, Inc.
The California Court of Appeals, 4th District, measured damages for breach of a stock option agreement as though the stock option agreement had been fully performed.
Breach of Stock Option Contract Damages Measured as of the Date of the Breach
The U.S. Court of Appeals for the 2nd Circuit reversed damage awards for breach of stock option and restricted stock contracts.
Edward E. Lucente v. International Business Machines Corporation (II)
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
Lost Profits Based Solely on Business Plan Rejected
The Florida Court of Appeals, 3rd District, reversed an award for lost profits.
North Dade Community Development Corp. v. Dinner's Place, Inc.
The Florida Court of Appeals, 3rd District reversed an award for lost profits.
Energy Capital Corp. v. United States
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Risk-Adjusted Discount Rate Should Be Used to Calculate Present Value
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Northwest Mining and Extraction, Inc. v. Safe Guard Products, et al.
The Washington Court of Appeals affirmed the trial court’s decision to deny an award of lost profits in this breach of contract case.
Kyocera Corporation v. Prudential-Bache Trade Services, Inc., et al.
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.