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Reasonable Certainty for New Business Lost Profit Calculations

New-business lost profit calculations have been a heavily contested topic. Many courts and practitioners rely on historical approaches using historical data of the company itself or a “comparable” company. Join Josh Shilts for a discussion of recent case law and various approaches and learn techniques to validate your lost profit projection. Take these skills and make your report and testimony more defensible.

Flawed yardstick analysis sinks lost profits award

A drawn-out damages case in which a startup compression sportswear company sued the defendant "private label" manufacturer over an abandoned licensing deal promised to make the plaintiff rich but ultimately ended with nominal damages.

B-K Cypress Log Homes v. Auto-Owners Insurance Company

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

Victory Records, Inc. v. Virgin Records America, Inc.

Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.

Celebrity Cruises, Inc. v. Essef Corp. (II)

Damages case comes back for a third—and perhaps final—tour.

Court Reverses $190 Million Damages Award, Finding Faulty Valuation ‘Yardstick’

Court vacates $190 million lost profits/lost enterprise value award based on flawed comparables and financial analysis.

Celebrity Cruises, Inc. v. Essef Corp. (I)

Court vacates $190 million lost profits/lost enterprise value award based on flawed comparables and financial analysis.

Fairmont Supply Company v. Hooks Industrial, Inc.

The Texas Court of Appeals for the First Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.

Robert J. Pound v. Airosol Company, Inc.

The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...

North Dade Community Development Corp. v. Dinner's Place, Inc.

The Florida Court of Appeals, 3rd District reversed an award for lost profits.

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