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Admission of Experts and New Business Rule Considered
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
Humetrix, Inc. v. Gemplus, S.C.A., et al.
The 9th Circuit Court of Appeals affirmed the district court’s admission of expert testimony regarding lost profits and refusal to apply the new business rule.
Elie Abboud, et al. v. Sylvester Robertson, et al.
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Lost Profits Based on Operating History
The Ohio Court of Appeals, 8th District, affirmed a lower court’s lost profit award for a breach of lease agreement.
Available Line of Credit Evidences Ability to Pay
The California Court of Appeal considered whether Zaxis had the ability to pay a punitive damages award. The appellate court noted that while Zaxis had a negative net worth for accounting purposes, it had available $19 million cash on hand and a $50 million credit line.
Zaxis Wireless Communications, Inc. v. Motor Sound Corporation, et al.
The California Court of Appeal considered whether Zaxis had the ability to pay a punitive damages award. The appellate court noted that while Zaxis had a negative net worth for accounting purposes, it had available $19 million cash on hand and a $50 million credit line.
Courts have great discretion in timing of Daubert determinations
At the American Bar Association Annual Meeting in New York, N.Y., from July 6-12, 2000, the Section of Litigation sponsored a seminar on business damages after Kumho Tire. This article is an excerpt from the written materials presented for that seminar.
Troy Shockley v. Arcan, Inc., et al.
The U.S. Court of Appeals for the Federal Circuit reversed an award of lost profits for Arcan’s infringement of Shockley’s patent. The Federal Circuit found that the lost profits evidence was unsubstantiated because it was based on sales Shockley assumed ...
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (II)
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Unreasonable Assumptions in Discounted Cash Flow Analysis Result in Testimony Stricken Under Daubert
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Gold v. Ziff Communications Co.
At issue is breach of contract.
Lost Business Value Damages Remanded for Calculation From Proper Date of Contract Breach
Among a complex web of disputes and grants of partial summary judgments, Gold sued Ziff Communications for breach of contract and sought lost business value damages.
KW Plastics v. United States Can Co.
At issue is the admittance of expert testimony.
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
George Heiner v. Kmart Corporation
The California Court of Appeal considered whether the introduction of lost profits testimony in a personal injury action.
U.S. Valves, Inc. v. Robert F. Dray, Sr., et al.
The U.S Court of Appeals for the Federal Circuit considered a lower court's calculation of lost profits stemming from a breach of contract. The court found numerous errors in the lower court's damage calculation including no cost of goods sold deduction ...
The Three Boys Music Corporation v. Michael Bolton, et al.
The Ninth Circuit Court of Appeals affirmed the district court's determination of the amount of damages due in this copyright infringement action. It agreed with the lower court that income taxes were deductible from the award of profits if the infringer ...
Michelle Frantz, et al. v. Charles R. Johnson
The Nevada Supreme Court remanded a calculation of lost profits for exclusion of losses outside of the liability period determined by the lower court in this misappropriation of a trade secret case. Johnson's expert calculated lost sales of gaming cards ...
Analyzing event studies
This is an excellent, rigorous article on analyzing events to quantify economic damages. Events could include, for example, a change in management or management policy, a merger or acquisition, the award or termination of a patent or license, or any of an unlimited variety of events.
ALLTEL Information Services, Inc. v. FDIC
The 9th Circuit affirmed the lower court's decision denying ALLTEL recovery of lost profits under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) after the FDIC repudiated its contract with a bank.
Cooper Distributing Co., Inc. v. Amana Refrigeration, Inc.
At issue is the valuation of an appliance distributor franchise.
Value of a Business Must Be Objectively Determined; Lost Profits May Be Included in Fair Market Value
Amana Refrigeration terminated its distribution relationship with Cooper Distributing for reasons other than unsatisfactory performance on Cooper's part.
Valuation Date Does Not Reflect All Lost Profits
The U.S. Court of Appeals for the 3rd Circuit considered the district court's damage award in termination of franchise matter.
Saforo & Associates, et al. v. Porocel Corporation
The Arkansas Court of Appeals ruled, on an issue of first impression, that the appropriate measure of damages for misappropriation of a trade secret is either the infringer's actual profits or the plaintiff's lost profits, whichever is greater.