Perez v. Bruister (I)
In ESOP case, court finds trustees unreasonably relied on appraiser’s valuations and overpaid for company stock; court credits parties’ three experts equally and arrives at fair market value by averaging results from experts’ multiple calculations.
A Time Limit on Use of Destruction of Business Method?
Court finds damages expert’s use of destruction of business method is not improper despite a four-year gap between the alleged offending conduct and the company’s demise, and it does not render his calculation inadmissible under Daubert.
Dominion Liquid Technologies, LLC v. GT Beverage Co., LLC
In contract dispute, court finds defendant expert’s testimony regarding offset value of new equipment plaintiff installed in reliance on contract is relevant under Daubert even though expert fails to state precise monetary benefit to plaintiff.
MacDermid Printing Solutions, Inc. v Cortron Corp.
Court finds damages expert’s use of destruction of business method is not improper despite a four-year gap between the alleged offending conduct and the company’s demise, and it does not render his calculation inadmissible under Daubert.
Expert’s Unconventional Method to Forecast Lost Profits Satisfies Daubert
Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.
Is Valuation Expert Allowed to Derive Key Rates for Real Property Appraisal?
To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and m ...
RMD, LLC v. Nitto Americas, Inc.
Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.
Sugar Hill, LLC v. United States
To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and ma ...
Can You Prove Lost Profits With Only Five Months of Sales Data?
Court confirms admission of expert’s damages calculations, despite their reliance on only five months of pre-contract sales data.
Can Chain Stores Supply Lost Profits Proof for New Outlet?
Court vacates $4.2 million lost profits award, finding that plaintiff’s “sister stores” did not furnish comparable basis for damages projections.
Contract Damages: Accounting for Post-Breach Market Conditions
Court of Appeals affirms $36.3 million lost profits for real estate development, finding that evidence of post-breach market deterioration was not relevant and permitting recovery for collateral damages, even though re-sale contracts did not exist for the ...
Despite ‘Egregious’ Theft of Trade Secrets, Damages Hard to Prove
Despite employees’ ‘egregious’ theft of business secrets, federal court denies lost profits damages for breach of employment agreement due to speculative and overreaching evidence.
BC Technical, Inc. v. Ensil International Corporation
Court confirms admission of expert’s damages calculations, despite their reliance on only five months of pre-contract sales data.
CR-RSC Tower I, LLC v. RSC Tower I, LLC
Court of Appeals affirms $36.3 million lost profits for real estate development, finding that evidence of post-breach market deterioration was not relevant and permitting recovery for collateral damages, even though re-sale contracts did not exist for the ...
Blinds to Go (U.S.), Inc. v. Times Plaza Development, L.P.
Court vacates $4.2 million lost profits award, finding that plaintiff’s “sister stores” did not furnish comparable basis for damages projections.
Lost Profits Damages Cannot Contradict Contract Terms
Court accepts expert damages calculation for breach of contract based on DCF methodology, including growth rate and discount rate assumptions, but precludes terminal value calculation that violated nonassignment clause.
Pure Power Boot Camp v. Warrior Fitness Boot Camp
Despite employees’ ‘egregious’ theft of business secrets, federal court denies lost profits damages for breach of employment agreement due to speculative and overreaching evidence.
Allstate Sweeping, LLC v. City and County of Denver
Court accepts expert damages calculation for breach of contract based on DCF methodology, including growth rate and discount rate assumptions, but precludes terminal value calculation that violated nonassignment clause.
Lost Business Value Must Be Tied to Claims—and Claimants—in the Case
Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.
Precision Fitness Equipment of Pompano Beach, Inc. v. Nautilus, Inc.
Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.
Damages Experts Lose the Daubert Battle in Deposition
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.