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 ...
The Three Boys Music Corporation v. Michael Bolton, et al.
The Ninth Circuit Court of Appeals affirmed the district court's determination of the amount of damages due in this copyright infringement action. It agreed with the lower court that income taxes were deductible from the award of profits if the infringer ...
Michelle Frantz, et al. v. Charles R. Johnson
The Nevada Supreme Court remanded a calculation of lost profits for exclusion of losses outside of the liability period determined by the lower court in this misappropriation of a trade secret case. Johnson's expert calculated lost sales of gaming cards ...
Analyzing event studies
This is an excellent, rigorous article on analyzing events to quantify economic damages. Events could include, for example, a change in management or management policy, a merger or acquisition, the award or termination of a patent or license, or any of an unlimited variety of events.
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.
Saforo & Associates, et al. v. Porocel Corporation
The Arkansas Court of Appeals ruled, on an issue of first impression, that the appropriate measure of damages for misappropriation of a trade secret is either the infringer's actual profits or the plaintiff's lost profits, whichever is greater.
Connecticut Supreme Court Reverses $15 Million Award Because of Insufficient Damages Evidence
The Supreme Court of Connecticut has overturned a 1997 malpractice decision by the state's Superior Court (BVU, March 1997, p. 9) which awarded more than $15 million in malpractice damages to the plaintiffs.
Beverly Hills Concepts v. Schatz & Schatz (II)
In legal malpractice action, issue was whether the trial court improperly made the award based on lost profits.
Asset Approach Accepted Over Going-Concern Premise When the Dealership Is Terminated
The U.S. Court of Appeals for the 7th Circuit affirmed jury's verdict on damages To-Am incurred due to Mitsubishi's termination of To-Am's franchise.
To-Am Equipment Co., Inc. v. Mitsubishi Caterpillar Forklift America, Inc.
The U.S. Court of Appeals for the 7th Circuit affirmed jury's verdict on damages To-Am incurred due to Mitsubishi's termination of To-Am's franchise.
Celeritas Technologies, Ltd. v. Rockwell International Corporation
The Federal Circuit affirmed a jury's damage award for patent infringement and breach of agreement to share communications technology. The damages were based on a hypothetical lump-sum paid-up license, whose fee was determined using the royalty rate comm ...
International Star Class Yacht Racing Association v. Tommy Hilfiger U.S.A., Inc.
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...
Evidence of Sales Allocated to Infringer’s Dominant Trademark Permitted
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...
Ed Nowogroski Insurance v. Reick, et al.
The Washington Court of Appeals affirmed and reversed the trial court's determination of damages for misappropriation of client lists under the Uniform Trade Secrets Act. Three insurance agents left Nowogrowski, merged with another firm, and solicited N ...
Court Awards $15 Million Damages Based on Discounted Cash Flow
At issue is a legal malpractice action the corporate plaintiff, Beverly Hills Concepts Inc., brought against the law firm of Schatz & Schatz, Ribicoff & Kotkin.
Florafax International, Inc. v. GTE Marketing Research, Inc.
The Oklahoma Supreme Court reinstated a jury's damage award for lost profits.
Lost Profits From Third-Party Collateral Contracts
The Oklahoma Supreme Court reinstated a jury's damage award for lost profits.
Beverly Hills Concepts v. Schatz & Schatz (I)
At issue is in this legal practice case is the establishment of expert testimony and circumstancial evidence.
Douglas A. Johnson v. Theresa C. Jones, et al.
The U.S. District Court for the Eastern District of Michigan calculated an architect's damages under the Lanham Act for defendant's willful infringement of his architectural drawings. The damages against both defendant builder and architect were calculat ...
Total Containment, Inc. v. Environ Products, Inc.
The U.S. District Court for the Eastern District of Pennsylvania awarded Total Containment damages based on a reasonable royalty for Eviron's infringement of their patent. The court found that the starting point was 1/4 of the available profit. It adjus ...