Medical Staffing Network, Inc. v. Ridgeway
Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.
Managements’ Projected Lost Profits Calculations Withstand Appeal
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Kaminsky v. Herrick Feinstein LLP
New York court decides appropriate measure for failure to deliver stock options on brink of IPO is date of breach.
Appeals Court Reduces Lost Profits to Account for Fixed Costs
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
RKR Motors, Inc. v Associated Uniform Rental & Linen Supply, Inc.
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
Progressive Child Care Systems, Inc. v. Kids ‘R’ Kids International, Inc.
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Structural Polymer Group, Ltd. v. Zoltek Corporation
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Highland Capital Management, L.P., v. Schneiders
In 1998, Leonard Schneider and his three children sold their apparel companies to Norton McNaughton Inc. for $66 million plus a future earnout payment based on the companies’ performance.
U.S. Salt, Inc. v. Broken Arrow, Inc.
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Quick Pick Express, LLC v. Quick Pick Express, Inc.
Failure to present adequate goodwill value, and proper categorization of damages proves to be fatal for plaintiffs.
Court Questions Whether Non-BV Expert May Testify to Lost Profits/Damages
In case of stolen employees (breach of noncompetes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Try Hours, Inc. v. David L. Swartz, et al.
The Court of Appeals of Ohio reversed the trial court’s granting of summary judgment for defendants on the basis that plaintiff’s damages were speculative and that the methodology used by plaintiff’s expert to calculate lost profits was flawed. The reviewing court found that the damages calculation gave rise to genuine issues of material fact that precluded the summary dismissal of plaintiff’s claims.
TruGreen Companies, L.L.C. v. Scotts Lawn Service, et al.
In case of stolen employees (breach of non-competes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Advanta USA, Inc. v. Farmers Fertilizer Company, Inc.
The Kentucky Court of Appeals determined that the trial court improperly computed the amount of lost profits in this breach of contract action when it awarded profits over a five-year period rather than over 30-day period called for in the contract.
Are Appraisers Liable to Third Parties for Errors?
Is a business appraiser liable for errors in its report to a third party?
Expert Struck in Mid-Damages Calculation
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Blase Industries Corporation v. Anorad Corporation
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.
Network Health Services, Inc. v. Georgetown Community, LLC
The U.S. Court of Appeals for the 6th Circuit affirmed the lower court’s grant of summary judgment in this breach of contract action because the plaintiff failed to present evidence of its lost profits or reliance damages.
In re Comdisco, Inc.
Is a business appraiser liable for errors in its report to a third party?
Book Value, Not Market Value, Determines Essential Reliance Damages
In this extensive case, one of the myriad issues was whether Transcapital Financial Corporation’s essential reliance interest should be determined by book value or market value.
Craig Alan Dunn v. Matrix Exhibits, Inc.
The Tennessee Court of Appeals reversed a lower court’s decision denying the plaintiff the value of an interest in the defendant because the value was too speculative in this breach of contract action.
Startup Company May Not Recover Lost Profits Based on Post-Valuation Date Business Plan
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
Telxon Corporation v. Smart Media of Delaware, Inc.
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
American Logistics Group, Inc. v. Joseph Weinpert
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of non-compete agreement action.