Western Pet Wholesalers, Inc. v. Natura Pet Products, Inc.
The California Court of Appeal, 4th District, reversed a lower court’s award of lost profits in this breach of contract action.
Diesel Machinery Inc. v. B.R. Lee Industries, Inc.
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Lost Profits in Fraud Action Analyzed
The Texas Court of Appeals for the 3rd District considered an award of lost profits as consequential damages stemming from a fraud claim.
Spring Windows Fashions Division, Inc. v. The Blind Maker, Inc.
The Texas Court of Appeals for the Third District considered an award of lost profits as consequential damages stemming from a fraud claim. It permitted recovery for lost profits based on a before and after analysis of overall business profits, the drop i ...
Evidence of Lost Profits Permissible Where Partial Taking Restricts Access
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
Dissenting Judges Criticize Expert’s Lost Profits Calculation for Failing to Consider Lawful Factors Contributing to the Decline in Profits
The Mississippi Court of Appeals determined that lost profits damages were sufficiently proven and quantified in this business interference action based on the testimony of an economist.
Progressive Casualty Insurance Company v. All Care, Inc.
The Mississippi Court of Appeals determined that lost profits damages were sufficiently proven and quantified in this business interference action based on the testimony of an economist. The majority criticized the plaintiff for failing to introduce its o ...
Fields v. Maestro's Ristorante of San Ramon, Inc.
In this contract rescission case, one of the issues was how to value business know-how, contacts, and efforts in creating a comedy business.
Signature Distribution Services, Inc. v. James E. Wright, et al.
The North Carolina Court of Appeals affirmed a lost profits award.
Department of Transportation v. M.M. Fowler, Inc.
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
Expert’s Yardstick Method Excluded Under Daubert for Failing to Perform a Market Analysis in Connection With the Damage Computation
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Robert J. Pound v. Airosol Company, Inc.
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Marvin Lumber and Cedar Company v. PPG Industries, Inc.
The U.S. Court of Appeals for the 8th Circuit vacated a jury’s award of damages for loss of goodwill in this breach of express warranty of future performance matter.
Steve J. Rooney v. Skeet'r Beat'r of Southwest Florida, Inc., et al.
The Florida Court of Appeal, Second District reversed a lower court’s award of lost profits in this trademark infringement action because the lost profits calculation failed to consider factors other than the wrongful acts that may have lead to a decline ...
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 ...
Trial Court Excludes Expert Testimony as Unreliable Under Daubert and Kumho
The issue in this litigation between two can manufacturers was the plaintiff's motion in limine to exclude the expert testimony of the defendant's CFO, John McGowan , as to damages for lost ...
Joseph Toscano v. Greene Music
The California Court of Appeal, 4th District, determined that damages for lost future employment based on the employment abandoned by the plaintiff may be recovered under a promissory estoppel claim even though such employment was at will.
Message Center Management, Inc. v. Shell Oil Products Company
The Connecticut Court of Appeals reversed the trial court’s decision to exclude testimony from a director of the plaintiff, which was the basis for the jury award, on reconsideration and reduced the damage award to $1.
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.
Fabrication & Truck Equipment, Inc. v. Roger M. Powell
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Owner’s Confusing, Handwritten Lost Profits Assessment Resulted in Directed Verdict
The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.
Future Profits and 'Lost Going Concern Value' Denied Where Damages Are Unforeseen and Uncertain
One issue in this breach of contract case was the calculation of future profits that would have been expected if not for the breach.