Network Health Services, Inc. v. Georgetown Community, LLC
The U.S. Court of Appeals for the 6th Circuit affirmed the lower court’s grant of summary judgment in this breach of contract action because the plaintiff failed to present evidence of its lost profits or reliance damages.
In re Comdisco, Inc.
Is a business appraiser liable for errors in its report to a third party?
Book Value, Not Market Value, Determines Essential Reliance Damages
In this extensive case, one of the myriad issues was whether Transcapital Financial Corporation’s essential reliance interest should be determined by book value or market value.
Craig Alan Dunn v. Matrix Exhibits, Inc.
The Tennessee Court of Appeals reversed a lower court’s decision denying the plaintiff the value of an interest in the defendant because the value was too speculative in this breach of contract action.
Startup Company May Not Recover Lost Profits Based on Post-Valuation Date Business Plan
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
Telxon Corporation v. Smart Media of Delaware, Inc.
The Ohio Court of Appeals, 9th District, reversed a jury’s damages award in this breach of contract and tort action.
American Logistics Group, Inc. v. Joseph Weinpert
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of non-compete agreement action.
Murrietta Car Wash, Inc. v. North County Bank
The California Court of Appeals, Fourth District reversed a trial court's award of loss profits in the wrongful foreclosure action of a vacant parcel on which the plaintiff intended to build a car wash and gas station.
M.A. Butters & Associates v. City of Lancaster
The California Court of Appeal, 2nd District, reversed a future lost profits award involving a construction company that went out of business as a result of a breach of contract.
Western Pet Wholesalers, Inc. v. Natura Pet Products, Inc.
The California Court of Appeal, 4th District, reversed a lower court’s award of lost profits in this breach of contract action.
Diesel Machinery Inc. v. B.R. Lee Industries, Inc.
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Fairmont Supply Company v. Hooks Industrial, Inc.
The Texas Court of Appeals for the First Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.
Yardstick Method Challenged
The Texas Court of Appeals for the 1st Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.
American Capital Corporation v. United States
In this extensive case arising from the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act, Pub. L. No. 101-73, 103 Stat. 183 (1989) (FIRREA) in response to the savings and loan crisis of the 80's, involving a breach of contract ...
Signature Distribution Services, Inc. v. James E. Wright, et al.
The North Carolina Court of Appeals affirmed a lost profits award.
Marvin Lumber and Cedar Company v. PPG Industries, Inc.
The U.S. Court of Appeals for the 8th Circuit vacated a jury’s award of damages for loss of goodwill in this breach of express warranty of future performance matter.
KMG Kanal-Mueller-Gruppe Deutschland GMBH & Co. KG, et al. v. Robert C. Davis
The Texas Court of Appeals, 1st District, affirmed the trial court's admission of an economist, who held a Ph.D. in economics but was not a CPA and who testified to the amount of damages stemming from the loss of a 5% interest in a corporate entity.
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.
Kirk Brisbin v. Superior Valve Company et al.
The U.S. Court of Appeals, 3rd Circuit, reversed a lower court’s award of lost profits in this breach of contract action because damages were improperly assessed beyond the duration of the contract.
Lost Profits From Breach of Contract Difficult to Assess for a New Business
The U.S. Court of Appeals, 3rd Circuit, reversed a lower court’s award of lost profits in this breach of contract action because damages were improperly assessed beyond the duration of the contract.
Message Center Management, Inc. v. Shell Oil Products Company
The Connecticut Court of Appeals reversed the trial court’s decision to exclude testimony from a director of the plaintiff, which was the basis for the jury award, on reconsideration and reduced the damage award to $1.
Jaswant Dhillon, et al. v. Chevron U.S.A., Inc., et al.
The California Court of Appeals, 1st District, affirmed a damages award for breach of the covenant of good faith and fair dealing in connection with the sale of a gas station.
Fabrication & Truck Equipment, Inc. v. Roger M. Powell
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Owner’s Confusing, Handwritten Lost Profits Assessment Resulted in Directed Verdict
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Future Profits and 'Lost Going Concern Value' Denied Where Damages Are Unforeseen and Uncertain
One issue in this breach of contract case was the calculation of future profits that would have been expected if not for the breach.