Columbia Park Golf Course, Inc. v. City of Kennewick
Court of Appeals approves lost asset value for breach of contract to negotiate, noting fewer problems of proof than lost profits values, but opinion subject to dissent.
Expert’s Analysis of Business Interruption Loss Breaks Over Selection of Growth Rate
Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rate from a short (five-month) period prior to the business injury.
The Citrilite Co. v. Cott Beverages, Inc.
Court upholds regression analysis of cumulative data sets under Daubert but strikes portions of expert’s damages calculations that project lost profits beyond stated contract term.
Navigato v. SJ Restaurants, LLC
Federal district court prefers discount rate for restaurant lost future rents based on industry data and research.
Manpower, Inc. v. Insurance Co. of Pennsylvania (I)
Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.
Cooper Tire & Rubber Co. v. Farese
Expert challenged under Daubert for market cap approach to valuing public company stock in economic damages case.
Daniel Gates v. State Automobile Mutual Insurance Company
The Tennessee Court of Appeals determined how covered loss should be calculated under a business interruption insurance policy. It found that net income was “earned” when the contract was made, regardless of when payments under that contract were received ...
Event Study Analysis Rejected When Other Possible Events Not Considered
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Penn Mart Supermarkets, Inc. v. New Castle Shopping, LLC
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Joel Dockett v. Kramer Entertainment Agency, Inc.
The Michigan Court of Appeals affirmed a jury’s award of lost commissions in this breach of contract action.
Michael Alvarado v. Marshall S. Stander, et ux.
The Washington Court of Appeals affirmed the damages expert’s reliance upon the industry expert’s assessment of the injured party’s career when preparing his lost future earnings assessment.
CPA’s Lost Future Earnings Opinion May Be Based on Industry Expert’s Assessment of Injured Party’s Career
The Washington Court of Appeals affirmed the damages expert’s reliance upon the industry expert’s assessment of the injured party’s career when preparing his lost future earnings assessment.
John C. Bedrosian v. Tenet Healthcare Corporation
The California Court of Appeals, 2nd District, considered the appropriate measure of damages in a wrongful withholding of stock 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.
George P. Viener v. Neal Jacobs, et al.
The Pennsylvania Superior Court reversed a trial court's determination of value in this oppressed shareholder case.
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.