Lost Profits Attributable to Loss of At-Will Employee Stricken
The Virginia Supreme Court reversed a trial court’s decision and struck a lost profits calculation that attributed the entire loss in profits to the loss of an at-will employee.
Saks Fifth Avenue, Inc. v. James, Ltd.
The Virginia Supreme Court reversed a trial court’s decision and struck a lost profits calculation that attributed the entire loss in profits to the loss of an at-will employee because the calculation did not differentiate between the loss attributable so ...
Gesoff v. IIC Industries Inc., et al.
The Delaware Court of Chancery determined that a company-specific risk premium should not be added when computing the cost of capital when there is no financial analysis supporting the company-specific risk. Furthermore, the court held that a small stock ...
Small-Stock and Company-Specific Risk Premia Considered in Fair Value Analysis
The Delaware Court of Chancery determined that a company-specific risk premium should not be added when computing the cost of capital when there is no financial analysis supporting the company-specific risk. Furthermore, the court held that a small stock ...
Expert Struck in Mid-Damages Calculation
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Norma Romero v. Murray J. McClelland
The California Court of Appeal, 4th District, affirmed the jury’s award of $304,000 for lost future earnings capacity based in part on her inability to return to her interior decorating business following an automobile accident.
Damages for Price Fixing Determined Using Historical Sales
The U.S. Court of Appeals for the Fifth Circuit affirmed a jury’s award of lost profits in this vertical minimum price fixing antitrust action. The lost future profits award was calculated based on 3-year average of PSKS’ sales of Leegin goods, where gros ...
PSKS, Inc. v. Leegin Creative Leather Products, Inc.
The U.S. Court of Appeals for the Fifth Circuit affirmed a jury’s award of lost profits in this vertical minimum price fixing antitrust action. The lost future profits award was calculated based on 3-year average of PSKS’ sales of Leegin goods, where gros ...
Scott E. Bova v. Theaodis Gary, Jr.
The Indiana Court of Appeals determined that the trial court may permit the recovery of lost profits from an S corporation as lost earnings capacity damages resulting from the injuries its sole shareholder and prime mover experienced in an automobile accident.
Blase Industries Corporation v. Anorad Corporation
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.
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.
James R. Johnson v. Hamilton Medical Group
The Louisiana Court of Appeals, 3rd Circuit, affirmed the denial of past lost earnings to a self-employed person because they were inadequately documented.
Event Study Analysis Rejected When Other Possible Events Not Considered
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Penn Mart Supermarkets, Inc. v. New Castle Shopping, LLC
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Attorney Malpractice Resulted in $30 Million Lost Profits Award
The California Court of Appeal, 1st District, reversed a $30 million damages award in this attorney malpractice action.
Kairos Scientific Inc. v. Fish & Richardson, P.C.
The California Court of Appeal, 1st District, reversed a $30 million damages award in this attorney malpractice action.
Western Diversified Services, Inc. v. Hyundai Motor America, Inc.
The U.S. Court of Appeals for the Tenth Circuit adopted the definition of “willful” as “the defendant’s intent to benefit from the goodwill or reputation of the trademark holder” for use when recovering profits from an infringer in the absence of actual d ...
Tenth Circuit Creates 'Willful' Roadblock to Recovery of Infringer’s Profits Under the Lanham Act
The U.S. Court of Appeals for the Tenth Circuit adopted the definition of “willful” as “the defendant’s intent to benefit from the goodwill or reputation of the trademark holder” for use when recovering profits from an infringer in the absence of actual d ...
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.
Profits Are Suitable Measure of Damages for Rescission of a Business Purchase Agreement
In this contract rescission case, one of the issues was how to value business know-how, contacts, and efforts in creating a comedy business.
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.