Affects of Sept. 11, 2001, Considered in Lost Profits Determination Involving California Restaurant
The California Court of Appeals, 1st District, reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant.
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.
RAF Enterprises LLC, et al. v. Trident LLC, et al.
The California Court of Appeals, First District reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant. In assessing the future revenues projections as of the date of wrongful act in 2000, the co ...
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.
Franchiser’s Sale Objectives Used to Measure Lost Profits in Price Discrimination Case
The U.S. Court of Appeals affirmed an award of lost profits that compensated Reeder-Simco GMC for Volvo’s price discrimination practices. In calculating the lost profits, the appellate court affirmed the use of sale objectives set by Volvo to measure Reed ...
Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corporation
The U.S. Court of Appeals affirmed an award of lost profits that compensated Reeder-Simco GMC for Volvo’s price discrimination practices. In calculating the lost profits, the appellate court affirmed the use of sale objectives set by Volvo to measure Reed ...
Lora Elias v. Leonard J. Gammel, Jr.
The Ohio Court of Appeals, 8th District, concluded that a dental practice could be converted even though it is intangible property.
Matthew Headley Holdings, LLC v. McCleary, Inc.
The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.
Arthur Reardon v. Lovely Development, Inc.
The Supreme Court of Maine reversed a jury’s lost profits award in this conversion case because the award was not supported by evidence in the record.
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (III)
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Damages for Misappropriation of a Trade Secret Calculated Using the Discounted Cash Flow Method
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Phase 2 Developers, Corp. v. Citicorp Real Estate
The California Court of Appeals, Second District affirmed a lower court’s grant of nonsuit to Citicorp after the trial court excluded the damages witness on Citicorp’s motion in limine following the expert’s deposition. The lower court excluded the expert ...
Ericsson, Inc. v. Harris Corp.
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...
Lost Profits for Lost Sales and Price Erosion Considered
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...
Damages Based on Inconsistent Testimony
Kraatz sued Heritage Imports for wrongful termination.
George P. Viener v. Neal Jacobs, et al.
The Pennsylvania Superior Court reversed a trial court's determination of value in this oppressed shareholder case.
Brian Andreas v. Volkswagen of America, Inc.
The U.S. Court of Appeals for the Eighth Circuit determined that a copyright infringer’s profits could be recovered by the copyright holder for indirect infringement to the extent that the infringer benefited from the infringement. Volkswagen’s advertisin ...
Guillermo Sostchin v. Doll Enterprises, Inc.
Sostchin, through a trust controlled by him, operated a multi-tenant commercial building that was destroyed by fire. Doll Enterprises operated a shoe store in Sostchin’s building, and was awarded lost profits following the fire that was negligently caused ...
Owner’s Compensation Must Be Considered In Calculating Net Profits
Sostchin, through a trust controlled by him, operated a multitenant commercial building that was destroyed by fire.
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.
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 ...
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.
Richard Crabtree v. Metalworks & Hydra-Assembly, Inc., et al.
The Ohio Court of Appeals, 10th District, affirmed the lower court’s valuation of goodwill in a metallurgy, machining, and fabrication business in this breach of fiduciary duty case.
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.