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Rose’s 1, LLC v. Erie Ins. Exch.

D.C. court, ruling on parties’ motions for summary judgment, finds restaurant owners cannot show that mayor’s COVID-19-related closure orders constituted “direct physical loss” to the property, as required under the existing business interruption policy; court rules for insurer and closes case.

Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage

D.C. court, ruling on parties’ motions for summary judgment, finds restaurant owners cannot show that mayor’s COVID-19-related closure orders constituted “direct physical loss” to the property, as required under the existing business interruption policy; court rules for insurer and closes case.

Deviations From Historical Cash Flow and Their Implications to Effective Discount Rates for Lost Profits Analyses

The authors address the direct relationship between projected cash flows (that is, those being measured for risk) and discount rates in a lost profits analysis.

Damage Valuation in a Financial Advisor Termination Case

In a wrongful termination of a financial advisor, the damage calculation involves a determination of the value of the advisor’s book of business at the time of termination as well as consequential and any special damages.

Binghamton Precast & Supply Corp. v Liberty Mutual Fire Insurance Co.

In dispute over business interruption insurance coverage, appellate court says plaintiff showed actual loss of business income within meaning of controlling policy; court rejects defendant’s argument that plaintiff had to show lost sales, saying this is not a reasonable interpretation of policy.

Court Affirms Plaintiff’s Showing of Loss of Income Pursuant to Business Interruption Policy

In dispute over business interruption insurance coverage, appellate court says plaintiff showed actual loss of business income within meaning of controlling policy; court rejects defendant’s argument that plaintiff had to show lost sales, saying this is not a reasonable interpretation of policy.

Economic damages culminate suit over war journalist’s extrajudicial killing

A civil suit arising out of the “deliberated” killing of a well-respected American war correspondent illustrates that valuation and damages issues play a critical role in most litigation.

Colvin v. Syrian Arab Republic

In wrongful death suit arising from extrajudicial killing of famed war correspondent, court credits plaintiff expert’s “reasonable estimate” of loss of prospective income and benefits but finds expert failed to offset amount by consumption costs; court asks for updated expert report.

Court Awards Loss of Income Damages Related to Acclaimed War Correspondent’s Killing

In wrongful death suit arising from extrajudicial killing of famed war correspondent, court credits plaintiff expert’s “reasonable estimate” of loss of prospective income and benefits but finds expert failed to offset amount by consumption costs; court asks for updated expert report.

Mississippi High Court Clarifies Best Practice for Lost Profits Calculation

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

Lane v. Lampkin (III)

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

Mississippi High Court Clarifies Best Practice for Lost Profits Calculation

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

Court Snubs Lost Earnings Analysis Based on ‘Incomplete Use’ of Data

Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.

Bocek v. JGA Assocs., LLC

Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.

High Court Finds Trial Court’s Damages Assessment Unsound

State high court strikes down trial court’s damages assessment because it included values from a business valuation when the applicable law required an analysis of the entire loss suffered by a corporation owing to a partner’s breach of fiduciary duty.

Lane v. Lampkin (II)

State high court strikes down trial court’s damages assessment because it included values from a business valuation when the applicable law required an analysis of the entire loss suffered by a corporation owing to a partner’s breach of fiduciary duty.

What Rationale for Net Book Value in Damages Analysis?

Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”

Lane v. Lampkin (I)

Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”

B.S.S.B. Inc. v. Owners Insurance Co.

Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.

Thomas F. Brady, et al. v. Daniel B Miller, M.D., et al.

The Ohio Court of Appeals, 2nd District, reversed a trial court’s decision to grant a remittitur with regard to the lost wages award in this medical malpractice case because the remittitur was granted without the plaintiff's consent.

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