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.
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.