Flawed Lost Profits Analysis Leaves Plaintiff Bereft of Damages Evidence
Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing comparability as to type of contract and scope of work and by using “ad hoc” method.
Court Distinguishes Between Proving Fact of Damage and Amount
Court upholds lost profits award, noting at trial plaintiff established “the fact of damages” with the requisite certainty; defendant deprived plaintiff of learning about job applicants, some of whom plaintiff would have hired to perform additional work.
Marten Transp., Ltd. v. Plattform Adver., Inc.
Court upholds lost profits award, noting at trial plaintiff established “the fact of damages” with the requisite certainty; defendant deprived plaintiff of learning about job applicants, some of whom plaintiff would have hired to perform additional work.
8th Circuit Validates Employment Contract and Damages Related to Breach
Appeals court affirms plaintiff’s employment contract with employee is enforceable, and competitor interfering with it is liable for profits plaintiff employer lost; court notes plaintiff established causation and proved loss with reasonable certainty.
RMS of Wisconsin, Inc. v. S-K JV
Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing ...
St. Jude Med. S.C., Inc. v. Biosense Webster, Inc.
Appeals court affirms plaintiff’s employment contract with employee is enforceable, and competitor interfering with it is liable for profits plaintiff employer lost; court notes plaintiff established causation and proved loss with reasonable certainty.
Pattridge v. Starks
In breach of noncompete case, appeals court finds measure of damages is not limited to net loss; statute allows damages “for the loss sustained” in addition to lost profits, and trial court properly credited and adjusted expert’s typical damages models.
Admissibility Does Not Depend on Personal Knowledge of Facts
Appeals court says expert’s lack of personal knowledge of information undergirding lost profits calculation does not disqualify his opinion, as long as he can show experts in his field would rely on this information and it is otherwise reasonably reliable ...
Am. Eagle Waste Indust., LLC v. St. Louis County
Appeals court says expert’s lack of personal knowledge of information undergirding lost profits calculation does not disqualify his opinion, as long as he can show experts in his field would rely on this information and it is otherwise reasonably reliable ...
Failure to Specify Offset Value Does Not Preclude Expert’s Admissibility
In contract dispute, court finds defendant expert’s testimony regarding offset value of new equipment plaintiff installed in reliance on contract is relevant under Daubert even though expert fails to state precise monetary benefit to plaintiff.
Dominion Liquid Technologies, LLC v. GT Beverage Co., LLC
In contract dispute, court finds defendant expert’s testimony regarding offset value of new equipment plaintiff installed in reliance on contract is relevant under Daubert even though expert fails to state precise monetary benefit to plaintiff.
Daubert Tolerates Impeachable Aspects of Expert Testimony
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc.
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
B.S.S.B. Inc. v. Owners Insurance Co.
Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.
ClearOne Communications v. Chiang
Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.
Medical Staffing Network, Inc. v. Ridgeway
Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.
Cal-City Construction, Inc. v. Wilson, Elser et al.
Construction company sues former lawyers after receiving questionable advice, and seeks damages based on potential lost jobs.
Bero Motors, Inc. v. General Motors Corporation
The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.
Lost Profits Award Based on Comparable Dealerships and Management Projections Affirmed
The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.
Blase Industries Corporation v. Anorad Corporation
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.
Signature Distribution Services, Inc. v. James E. Wright, et al.
The North Carolina Court of Appeals affirmed a lost profits award.
CEO’s Complex Damage Model Excluded Under Fed. R. Evid. 701 and 702
The U.S. Court of Appeals for the 10th Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
LifeWise Master Funding, et al. v. Telebank
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
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.