Damages Experts Lose the Daubert Battle in Deposition
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Sossikian v. Ennis
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Expert Calculates Lost Profits Through 25-Year Contract Term
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Medical Staffing Network, Inc. v. Ridgeway
Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.
Managements’ Projected Lost Profits Calculations Withstand Appeal
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Kaminsky v. Herrick Feinstein LLP
New York court decides appropriate measure for failure to deliver stock options on brink of IPO is date of breach.
Appeals Court Reduces Lost Profits to Account for Fixed Costs
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
RKR Motors, Inc. v Associated Uniform Rental & Linen Supply, Inc.
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
Progressive Child Care Systems, Inc. v. Kids ‘R’ Kids International, Inc.
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Structural Polymer Group, Ltd. v. Zoltek Corporation
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Highland Capital Management, L.P., v. Schneiders
In 1998, Leonard Schneider and his three children sold their apparel companies to Norton McNaughton Inc. for $66 million plus a future earnout payment based on the companies’ performance.
U.S. Salt, Inc. v. Broken Arrow, Inc.
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Quick Pick Express, LLC v. Quick Pick Express, Inc.
Failure to present adequate goodwill value, and proper categorization of damages proves to be fatal for plaintiffs.
Court Questions Whether Non-BV Expert May Testify to Lost Profits/Damages
In case of stolen employees (breach of noncompetes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Try Hours, Inc. v. David L. Swartz, et al.
The Court of Appeals of Ohio reversed the trial court’s granting of summary judgment for defendants on the basis that plaintiff’s damages were speculative and that the methodology used by plaintiff’s expert to calculate lost profits was flawed. The reviewing court found that the damages calculation gave rise to genuine issues of material fact that precluded the summary dismissal of plaintiff’s claims.
TruGreen Companies, L.L.C. v. Scotts Lawn Service, et al.
In case of stolen employees (breach of non-competes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Advanta USA, Inc. v. Farmers Fertilizer Company, Inc.
The Kentucky Court of Appeals determined that the trial court improperly computed the amount of lost profits in this breach of contract action when it awarded profits over a five-year period rather than over 30-day period called for in the contract.
Are Appraisers Liable to Third Parties for Errors?
Is a business appraiser liable for errors in its report to a third party?
Expert Struck in Mid-Damages Calculation
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Blase Industries Corporation v. Anorad Corporation
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.