LifeWise Master Funding, et al. v. Telebank
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Matthew Headley Holdings, LLC v. McCleary, Inc.
The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.
Meterlogic, Inc. v. KLT, Inc., et al.
The U.S. Court of Appeals for the 8th Circuit affirmed the district court’s exclusion of an economic damages expert because he failed to adequately support many of the assumptions underlying his valuation.
Trenhaile v. J.H. Findorff & Son, Inc.
Claim for lost future profits must be supported by reasonable evidence. Expert's credibility at issue because of exclusion of bad years in his calculations for projection of business profit.
Alphamed, Incorporated v. B. Braun Medical, Inc., et al.
The U.S. Court of Appeals for the 11th Circuit affirmed the lower court’s decision that gross profits could be calculated using the quantity and price established in the breached contract.
Atlas Disposal Industries, LLC v. BRI Waste Systems of North America, Inc.
The California Court of Appeal for the 3rd District affirmed a lower court award of damages for breach of contract based on the contract price rather than net lost profits in this breach of contract case.
Dimer-ISG, Inc. v. DaimlerChrysler
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
National Economy Considered in Establishing Lost Profits Award
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
Maingate Hotel Company, Inc. v. Zaby's LP
The California Court of Appeals, 4th District, upheld a jury’s award of lost profits to Maingate after Zaby’s breached the property lease intended for hotel development.
Jay Johnson, et al. v. Reed Welch, et al.
The Tennessee Court of Appeals affirmed the calculation of a lost profits award in this breach of contract action.
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.
Kenny Maple v. Kevin Wilson, et al.
The Iowa Court of Appeals affirmed the trial court’s decision to deny lost profits in this breach of contract case.
John Snavely v. Gary Smith
The California Court of Appeal affirmed a trial court’s grant of summary judgment in this breach of contract action.
Linda Salvin v. Ionex Telecommunications, Inc.
The California Court of Appeal, 2nd District, affirmed a lower court’s award of damages in this breach of contract to provide reliable voice mail service case.
Karl J. Reeb v. Airtouch Communications, Inc.
The California Court of Appeal, 2nd Appellate District, determined the increase in a stock’s market price occasioned by a corporate merger was reasonably foreseeable for the purpose of calculating damages in a breach of contract action.
P.F.I., Inc. v. Nadezda Kulis
The New Jersey Superior Court, Appellate Division, reversed the lower court’s award of lost profits.
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.
Damages Based on Inconsistent Testimony
Kraatz sued Heritage Imports for wrongful termination.
Hilltop Sports, LLC v. Dawnell Stucke
The Washington Court of Appeals affirmed the trial court's award of lost profits in this breach of lease agreement case.
Michael Cormie, et al. v. Enterasys Networks, Inc.
The Delaware Court of Chancery determined damages for breach of a sale agreement pursuant to a merger.
Hess Energy, Inc. v. Lightning Oil Co., Ltd.
The U.S. Court of Appeals for the 4th Circuit affirmed the lower court’s damage calculation in this breach of contract to deliver natural gas case.
Conversion Measure of Damages Inappropriate in Breach of Contract Case
The U.S. Court of Appeals for the 2nd Circuit reversed the district court’s calculation of damages for breach of contract to assign warrants in a publicly traded company.
Oscar Gruss & Son, Inc. v. Yossie Hollander
The U.S. Court of Appeals for the 2nd Circuit reversed the district court’s calculation of damages for breach of contract to assign warrants in a publicly traded company.