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Under Daubert, Damages Calculation Need Not Replicate Corporate Structure

Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.

Radiologix, Inc. v. Radiology & Nuclear Medicine, LLC

Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.

Court Favors Lost Profits Over Lost Value Damages for Surviving Business

In business tort case, court says damages to compensate plaintiff for loss of goodwill should take the form of lost profits, not total loss of value damages, where defendant employees were not subject to noncompetes and plaintiff was not completely destro ...

Mississippi High Court Clarifies Best Practice for Lost Profits Calculation

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

Loss of Value Damages Do Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Loss of Value Damages Do Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Don’t assume causation, AICPA panel warns damages experts

Causation presents one of the most vexing problems for damages experts. But ignoring causation and simply working off the assumption that it exists may end up being the biggest problem for an expert.

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

Federal Circuit rejects challenge to lost profits award; patentee showed entitlement to lost profits from whole product by satisfying Panduit; although infringing product had multiple components, further apportionment in this case was not necessary.

Lightbox Ventures, LLC v. 3 RD Home Ltd.

Court excludes lost profits calculation and valuations of new venture; experts’ unquestioning adoption of plaintiff’s data and assumptions, the large range of valuations proffered, and disclaimers accompanying valuations undermine opinions’ meaningfulness.

Blind Reliance on Client Data and Wide-Ranging Values Gut New Venture Valuation

In a securities fraud action, appeals court upholds class certification; trial court did not err when it found direct evidence of price impact by way of event study was not necessary to show market efficiency where there was strong indirect evidence.

In unusual business tort case, court exhibits flexibility in terms of calculating damages

The 8th Circuit recently upheld a sizable damages award in an unusual business tort case litigated under Nebraska law. One noteworthy aspect in terms of determining economic damages was that the court allowed expert testimony regarding the loss of value to the plaintiff even though the plaintiff did not fail completely upon the wrongdoing.

2nd Circuit Affirms Nixing of Award Due to Bad Yardstick Analysis

Appeals court validates nixing of future lost profits award where expert calculated damages for a startup company based on revenues of market leader; court finds expert failed to use reasonable comparator, making his yardstick analysis legally unsound.

Washington v. Kellwood Co. (IV)

Appeals court validates nixing of future lost profits award where expert calculated damages for a startup company based on revenues of market leader; court finds expert failed to use reasonable comparator, making his yardstick analysis legally unsound.

Federal Circuit drills down into Panduit, apportionment, and lost profits

The Federal Circuit recently examined a paramount damages issue that comes up in patent cases: whether, in terms of calculating lost profits, the patent holder’s ability to meet the Panduit factors makes a separate apportionment analysis unnecessary.

Court Favors Lost Profits Over Lost Value Damages for Surviving Business

In business tort case, court says damages to compensate plaintiff for loss of goodwill should take the form of lost profits, not total loss of value damages, where defendant employees were not subject to noncompetes and plaintiff was not completely destro ...

Mifflinburg Telegraph, Inc. v. Criswell, Inc.

In business tort case, court says damages to compensate plaintiff for loss of goodwill should take the form of lost profits, not total loss of value damages, where defendant employees were not subject to noncompetes and plaintiff was not completely destro ...

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.

Mentor Graphics Corp. v. EVE-USA, Inc. (II)

Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.

Loss of Value Damages Does Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

West Plains, LLC v. Retzlaff Grain Co. (II)

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Defective Lost Profits Analysis Triggers Take-Nothing Ruling

High court discusses level of evidence required to establish future lost profits with “reasonable certainty”; plaintiff did not show it lost any contracts owing to defendants’ wrongdoing and failed to show profitability specific to claimed lost contracts.

Court adheres to earlier ESOP liability and damages rulings

In a controversial ESOP case that turned on the trustee’s oversight of the pretransaction valuation work, the defendant trustee recently filed a motion for reconsideration. It argued the court had committed errors related to its liability and damages findings. Although the court owned up to some mistakes, including a misunderstanding of the concept of beta, it ultimately stuck to its earlier decision.

Lane v. Lampkin (III)

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

Mississippi High Court Clarifies Best Practice for Lost Profits Calculation

In usurped-corporate-opportunity case, high court upholds trial court’s lost profits calculation based on actual numbers of company benefitting from wrongdoing, although best way is to project future profits or consider past profits of damaged business.

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