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Washington v. Kellwood Co. (II)

Court strikes down multimillion-dollar lost profits award, finding it was based on expert testimony that was “sheer surmise and conjecture”; using yardstick method, expert claimed upstart company would have achieved 50% of sales of market leader.

Court Sets Aside Big Lost Profits Award Based on Bad Yardstick Analysis

Court strikes down multimillion-dollar lost profits award, finding it was based on expert testimony that was “sheer surmise and conjecture”; using yardstick method, expert claimed upstart company would have achieved 50% of sales of market leader.

Loss of Value Damages Does Not Require Showing of Complete Destruction

In tortious interference with business relations case, trial court rejects post-trial attack, finding sufficient evidence to support jury award to plaintiff, including expert testimony about total loss of value to company based on defendants’ misconduct.

West Plains, LLC v. Retzlaff Grain Co. (I)

In tortious interference with business relations case, trial court rejects post-trial attack, finding sufficient evidence to support jury award to plaintiff, including expert testimony about total loss of value to company based on defendants’ misconduct.

‘Hybrid’ Approach to Quantify Loss of Beer Franchise Contracts

Court uses hybrid approach to quantify diminished value in business resulting from franchisees’ loss of beer brands; it means determining FMV of franchise contracts by way of DCF and adding loss in value of other assets directly related to loss of brands.

Tri Cnty. Wholesale Distribs. v. Labatt USA Operating Co. LLC

Court uses hybrid approach to quantify diminished value in business resulting from franchisees’ loss of beer brands; it means determining FMV of franchise contracts by way of DCF and adding loss in value of other assets directly related to loss of brands.

Do Lost Profits Represent Diminished Value or Double Recovery?

In negligent misrepresentation suit arising out of plaintiff’s loss of business, court allows damages calculation that “identifies” lost profits, viewing lost profits as “a subset” of the total damages, not an additional amount.

Harrison Mfg., LLC v. JMG Mfg., Inc.

In negligent misrepresentation suit arising out of plaintiff’s loss of business, court allows damages calculation that “identifies” lost profits, viewing lost profits as “a subset” of the total damages, not an additional amount.

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.

Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc., et al.

The U.S. Court of Appeals for the Second Circuit considered whether the lower court appropriately excluded expert testimony regarding the value of lost business in this Lanham Act matter because the opinion was based on a causal connection which was dispr ...

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