All Pro Maids, Inc. v. Susan Layton
The Delaware Court of Chancery determined damages stemming from the breach of a one-year noncompete agreement involving an office cleaning business.
Accounting Expert’s Lost Profits Analysis Accepted Over Economist’s Estimate
The Delaware Court of Chancery calculated lost profits arising from the breach of a contract.
Honeywell International Inc., et al. v. Air Products & Chemicals, Inc.
The Delaware Court of Chancery calculated lost profits arising from the breach of a contract.
Fred Tabrizi v. Daz-Rez Corporation
The Texas Court of Appeals, 4th District, concluded that a lower court properly granted judgment notwithstanding the verdict and vacated a lost profits award in this contract action.
David Wells, et al. v. Ray Frye
The Washington Court of Appeals reversed an award for lost profits in this interference with a professional boxer’s management contract action because it was not reasonably certain.
Franchiser’s Sale Objectives Used to Measure Lost Profits in Price Discrimination Case
The U.S. Court of Appeals affirmed an award of lost profits that compensated Reeder-Simco GMC for Volvo’s price discrimination practices. In calculating the lost profits, the appellate court affirmed the use of sale objectives set by Volvo to measure Reed ...
Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corporation
The U.S. Court of Appeals affirmed an award of lost profits that compensated Reeder-Simco GMC for Volvo’s price discrimination practices. In calculating the lost profits, the appellate court affirmed the use of sale objectives set by Volvo to measure Reed ...
Lora Elias v. Leonard J. Gammel, Jr.
The Ohio Court of Appeals, 8th District, concluded that a dental practice could be converted even though it is intangible property.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Matthew Headley Holdings, LLC v. McCleary, Inc.
The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.
Arthur Reardon v. Lovely Development, Inc.
The Supreme Court of Maine reversed a jury’s lost profits award in this conversion case because the award was not supported by evidence in the record.
Trenhaile v. J.H. Findorff & Son, Inc.
Claim for lost future profits must be supported by reasonable evidence. Expert's credibility at issue because of exclusion of bad years in his calculations for projection of business profit.
Alphamed, Incorporated v. B. Braun Medical, Inc., et al.
The U.S. Court of Appeals for the 11th Circuit affirmed the lower court’s decision that gross profits could be calculated using the quantity and price established in the breached contract.
Atlas Disposal Industries, LLC v. BRI Waste Systems of North America, Inc.
The California Court of Appeal for the 3rd District affirmed a lower court award of damages for breach of contract based on the contract price rather than net lost profits in this breach of contract case.
Dimer-ISG, Inc. v. DaimlerChrysler
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
National Economy Considered in Establishing Lost Profits Award
The Michigan Court of Appeals affirmed a lower court’s determination of lost profits arising from the breach of a settlement agreement.
Maingate Hotel Company, Inc. v. Zaby's LP
The California Court of Appeals, 4th District, upheld a jury’s award of lost profits to Maingate after Zaby’s breached the property lease intended for hotel development.
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (III)
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Damages for Misappropriation of a Trade Secret Calculated Using the Discounted Cash Flow Method
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Phase 2 Developers, Corp. v. Citicorp Real Estate
The California Court of Appeals, Second District affirmed a lower court’s grant of nonsuit to Citicorp after the trial court excluded the damages witness on Citicorp’s motion in limine following the expert’s deposition. The lower court excluded the expert ...
Kenny Maple v. Kevin Wilson, et al.
The Iowa Court of Appeals affirmed the trial court’s decision to deny lost profits in this breach of contract case.
Ericsson, Inc. v. Harris Corp.
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...
Lost Profits for Lost Sales and Price Erosion Considered
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...
Linda Salvin v. Ionex Telecommunications, Inc.
The California Court of Appeal, 2nd District, affirmed a lower court’s award of damages in this breach of contract to provide reliable voice mail service case.