John A. Cookson Company v. New Hampshire Ball Bearings, Inc.
The New Hampshire Supreme Court affirmed an arbitrator’s decision to reduce a breach of contract damage award for overhead expenses directly attributable to the parties’ contract.
SBC Operations, Inc. v. The Business Equations, Inc.
A divided Texas Court of Appeals, 4th District, reversed a lost profits damage award in this breach of contract case.
Staff Builders Home Healthcare, et al. v. Dean A. Whitlock, et al.
The Washington Court of Appeals, Division II, reversed the lower court’s award of Whitlock’s salary as unjust enrichment damages in addition to Staff Builders’ lost profits.
Admission of Experts and New Business Rule Considered
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
Humetrix, Inc. v. Gemplus, S.C.A., et al.
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
ProtoComm Corp. v. Novell Advanced Services, Inc. et al.
The U.S. District Court for the Eastern District of Pennsylvania considered the admissibility of financial experts under Daubert.
United Fire and Casualty Company v. Historic Preservation Trust
The 8th Circuit Court of Appeals affirmed the lower court’s award of business interruption losses in this vexatious refusal to pay case.
Elie Abboud, et al. v. Sylvester Robertson, et al.
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Lost Profits Based on Operating History
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Gold v. Ziff Communications Co.
At issue is breach of contract.
Lost Business Value Damages Remanded for Calculation From Proper Date of Contract Breach
Among a complex web of disputes and grants of partial summary judgments, Gold sued Ziff Communications for breach of contract and sought lost business value damages.
Debt to Owner Excluded If Selling Business
Bank One Milwaukee appealed the judgment of the Circuit Court for Milwaukee County to award damages and costs to Williams Bay Trading Co. on breach of contract and bad-faith claims.
Rivas v. Cantu
At issue is the admittance of expert testimony.
Dissent Disagrees With Implicit Conclusion That Financial Expert
This breach of contract and fraud action arose out of a joint venture to open an adult day care center.
Bank One Milwaukee v. Williams Bay Trading Co.
Bank One Milwaukee appealed the judgment of the Circuit Court for Milwaukee County to award damages and costs to Williams Bay Trading Co. on breach of contract and bad-faith claims.
Owner's Debt Not Included in Net Asset Value
Plaintiff, Bank One Milwaukee, appealed the judgment of the Circuit Court for Milwaukee County to award defendants, the clothing import company of Williams Bay Trading and owner, damages, and costs on breach of contract and bad-faith claims that arose out of an action to seize assets.
Liquidated Business Valued as Going Concern
The Wisconsin Court of Appeals concluded that the shareholder loans should be removed when determining the value of stock in a closely held corporation where one person owns all the stock.
U.S. Valves, Inc. v. Robert F. Dray, Sr., et al.
The U.S Court of Appeals for the Federal Circuit considered a lower court's calculation of lost profits stemming from a breach of contract. The court found numerous errors in the lower court's damage calculation including no cost of goods sold deduction ...
Union Bank of Switzerland v. Deutche Financial Services
The U.S. District Court for the Southern District of New York determined that insolvency opinions were admissible under Fed. R. Evid. 702, Daubert, and progeny in this breach of contract case.
ALLTEL Information Services, Inc. v. FDIC
The 9th Circuit affirmed the lower court's decision denying ALLTEL recovery of lost profits under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) after the FDIC repudiated its contract with a bank.
American Tourmaline Fields v. International Paper Company
At issue is breach of contract concerning a mineral lease.
Forklifts of St. Louis, Inc. v. Komatsu Forklift, USA, Inc.
The U.S. Court of Appeals for the 8th Circuit affirmed a jury's award of damages for fraudulent misrepresentation.
Cities Service Company v. Gulf Oil Corporation
The Oklahoma Supreme Court affirmed the jury's decision to award Cities the amount it expensed to repurchase treasury stock in anticipation of a merger with Gulf plus attorney's fees as reliance damages for Gulf's breach of the merger agreement.
Southern Colorado MRI, Ltd. v. Med-Alliance, Inc.
The U.S Court of Appeals for the 10th Circuit reversed the lower court's calculation of damages stemming from a breach of contract to purchase a MRI clinic.
Expert Evidence Supports Case for Lost Profits
Harmon was hired in 1993 as a subcontractor for the design and construction of an exterior wall panel system (the "curtainwall").