Edward E. Lucente v. International Business Machines Corporation (II)
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
Lost Profits Based Solely on Business Plan Rejected
The Florida Court of Appeals, 3rd District, reversed an award for lost profits.
North Dade Community Development Corp. v. Dinner's Place, Inc.
The Florida Court of Appeals, 3rd District reversed an award for lost profits.
Energy Capital Corp. v. United States
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Risk-Adjusted Discount Rate Should Be Used to Calculate Present Value
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Northwest Mining and Extraction, Inc. v. Safe Guard Products, et al.
The Washington Court of Appeals affirmed the trial court’s decision to deny an award of lost profits in this breach of contract case.
Kyocera Corporation v. Prudential-Bache Trade Services, Inc., et al.
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.
Lost Value Fixed as of Contract Termination Date
The U.S. Court of Appeals for the 9th Circuit affirmed the lower court’s decision to value a business at the end of the contract term, even though the business was destroyed by Kyocera’s breach of that contract.
Seahorse Marine Supplies, Inc. v. Puerto Rico Sun Oil Company
The U.S. Court of Appeals for the 1st Circuit considered the admissibility of expert testimony.
Tom Dekker v. Topcon American Corp.
The California Court of Appeals, 4th District, affirmed the jury’s awarded of $4.5 million for lost business opportunity stemming from a breach of contract to sell a business.
Lost Profits Calculation Must Be Supported With Evidence
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
Steve Davis v. Forest River, Inc.
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
Damages Based on Subsequent IPO Price
This breach of contract action arose as a result of defendant's alleged termination of plaintiff's employment relationship.
Price Term in Stock Redemption Agreement Held Ambiguous
Defendant Roto-Die Inc. is a family-owned business that manufactures rotary dies.
Prairie Eye Center, Ltd. v. Patrick J. Butler, M.D.
The Illinois Court of Appeals, 4th District, considered whether a lost profits award for breach of a non-compete agreement was speculative.
Nelson v. Craner, et al.
The New Jersey Superior Court, Somerset County, determined the value for stock in a law firm as set forth in the firm’s shareholders’ agreement should be enforced in favor of a shareholder, who committed a breach of fiduciary duty.
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc.
The Illinois Supreme Court affirmed a damage award for violation of the Motor Vehicle Franchise Act.
Damages Awarded for Violation of the Motor Vehicle Franchise Act
The Illinois Supreme Court affirmed a damage award for violation of the Motor Vehicle Franchise Act.
V.M. & F. Corp., et al. v. Dawn Food Products, Inc.
The New Jersey Superior Court awarded the plaintiffs’ lost profits for the defendant’s breach of contract to produce flour.
Patricia Stevens, et al. v. Robert Levi Wilmoth, Jr.
The Arkansas Court of Appeals affirmed a lost opportunity damages award for Stevens’ failure to transfer ownership of a hospice.
Pollen v. Aware, Inc.
This action arose as a result of defendant's alleged termination of plaintiff's employment relationship, which defendant claimed resulted in the extinguishments of plaintiff's stock options.
Rosemann v. Roto-Die, Inc. (I)
This action is the fourth suit filed by plaintiff against defendant seeking compensation for his stock on various grounds.
Southern Union Company v. Southwest Gas Corporation, et al.
The U.S. District Court for the District of Arizona denied Southern Union lost profits stemming from an unconsummated merger.
Lost Profits Recoverable During Reasonable Notification Period
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Maytronics, Ltd. v. Aqua Vac Systems, Inc.
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.