P.F.I., Inc. v. Nadezda Kulis
The New Jersey Superior Court, Appellate Division, reversed the lower court’s award of lost profits.
Damages Based on Inconsistent Testimony
Kraatz sued Heritage Imports for wrongful termination.
Hilltop Sports, LLC v. Dawnell Stucke
The Washington Court of Appeals affirmed the trial court's award of lost profits in this breach of lease agreement case.
George P. Viener v. Neal Jacobs, et al.
The Pennsylvania Superior Court reversed a trial court's determination of value in this oppressed shareholder case.
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.
Brian Andreas v. Volkswagen of America, Inc.
The U.S. Court of Appeals for the Eighth Circuit determined that a copyright infringer’s profits could be recovered by the copyright holder for indirect infringement to the extent that the infringer benefited from the infringement. Volkswagen’s advertisin ...
Guillermo Sostchin v. Doll Enterprises, Inc.
Sostchin, through a trust controlled by him, operated a multi-tenant commercial building that was destroyed by fire. Doll Enterprises operated a shoe store in Sostchin’s building, and was awarded lost profits following the fire that was negligently caused ...
Owner’s Compensation Must Be Considered In Calculating Net Profits
Sostchin, through a trust controlled by him, operated a multitenant commercial building that was destroyed by fire.
Technology Recycling Corp. v. Woodward-Manchester Corp.
The Michigan Court of Appeals reversed a trial court's award for exemplary damages, which roughly equated Technology Recycling's lost profits estimate, because lost profits may not be awarded as exemplary damages but may be awarded as compensatory damages.
Joseph Teff, D.C., et al. v. Unity Health Plans Insurance Corporation
The Wisconsin Court of Appeals affirmed a lower court’s award of lost profits in this breach of contract action.
Western Warehousing & Distributing Inc. v. Pursell Industries, Inc.
The California Court of Appeals, 5th District, affirmed the lower court's grant of a new trial to determine damages stemming from a breach of contract.
Owner’s Compensation Must Be Deducted From Lost Profits Award
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
SIHLE Insurance Group, Inc. v. Right Way Hauling, Inc.
The Florida Court of Appeals for the 5th District reversed an award of lost profits in this negligence and breach of contract case because it was speculative.
Kraatz v. Heritage Imports
Issue was damages where employment agreement entitled plaintiff to 15% of the value of Heritage's stock in excess of $2.5 million, in the event of wrongful termination.
McRoberts Software, Inc. v. Media 100, Inc.
The U.S. Court of Appeals for the Seventh Circuit affirmed a jury's award of lost profits and actual damages in McRoberts suit for copyright infringement, trade secret misappropriation and breach of contract. McRoberts developed software to run on a Macin ...
Embroidery Industries, Inc. v. LCI Laundry, Inc.
The California Court of Appeal, 2nd District, reversed a jury's award of damages in this breach of an implied contract case.
Sun Insurance Marketing Inc. v. AIG Life Insurance Co.
This cause came before the Court upon Defendants' Motion for Partial Summary Judgment (Dkt. #58) and Plaintiff's response thereto (Dkt. #60).
Aaron L. Miller v. Blewitt Ranch, et al.
The California Court of Appeal affirmed the lower court’s decision that lost future profits from an almond orchard enterprise could not be recovered in this breach of contract action.
613 Fairview Ave., LLC v. Pong's Corp. Inc.
The Washington Court of Appeals determined that the new business rule did not preclude an award of lost profits based on a breach of a commercial lease to a franchisee who was unable to open its franchise as a result of the breach.
Century 21 Real Estate Corp. v. Meraj International Investment Corp.
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Owner’s Seemingly Speculative Lost Profits Estimate Is Better Than No Testimony
The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.
Richard Crabtree v. Metalworks & Hydra-Assembly, Inc., et al.
The Ohio Court of Appeals, 10th District, affirmed the lower court’s valuation of goodwill in a metallurgy, machining, and fabrication business in this breach of fiduciary duty case.
Breach of Stock Option Contract Damages Measured as of the Date of the Breach
The U.S. Court of Appeals for the 2nd Circuit reversed damage awards for breach of stock option and restricted stock contracts.
Edward E. Lucente v. International Business Machines Corporation (II)
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
CSC Holdings, Inc. v. Frank P. Redisi, Sr. et al.
The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...