Calculation of Damages

News & Analysis as of

Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

On February 1, 2016, a federal district court issued a ruling in Moore v. Denbury, — F.3d — (W.D. La. 2016), with important implications for “legacy” lawsuits in Louisiana. ...more

The Tangled Mess: Apportioning Delay and Proving Damages

A recent case in North Carolina serves as a good reminder of the legal principles involving delays and overruns, specifically regarding the responsibility for apportioning delay and proving damages. In Flatiron- Lane v. Case...more

Delaware Supreme Court Offers Insight on Enforceability of Preliminary Agreements and the Entitlement to Damages

In SIGA Technologies, Inc. v. PharmAthene, Inc., No. 20, 2015 (Del. Dec. 23, 2015), the Delaware Supreme Court affirmed a Court of Chancery opinion awarding expectation damages for a parties breach of an agreement to...more

Supreme Court Upholds Expectation Damages Award For Breach of A Preliminary Agreement

This is an important decision, particularly if it is a precedent that will be followed in other contexts. Basically, the Court has held that expectation damages may be awarded for the breach of even a preliminary agreement...more

Duty to Negotiate in Good Faith: Much Ado About Nothing?

Much ado has been made over the North Carolina Business Court’s ruling this past summer in RREF BB Acquisitions, LLC v. MAS Properties, LLC, 2015 NCBC 58, recognizing a cause of action for so-called “duty to negotiate in good...more

In Deepwater Horizon Insurance Coverage Dispute, Fifth Circuit Affirms Favorable Ruling For Policyholders And Certifies Unfair...

In the latest development in the insurance coverage litigation arising out of the Deepwater Horizon oil spill, the U.S. Court of Appeals for the Fifth Circuit affirmed a $50 million finding of coverage, holding that only the...more

CFPB Claims New Method of Calculating Damages Is Necessary to Deter Future Bad Conduct

On November 6, 2015, the Consumer Financial Protection Bureau (CFPB) filed a response brief with the District Court for the District of Columbia, justifying its recalculation of a penalty assessed against PHH Corporation...more

District Court Strikes Portion of Damage Expert Report Where the Expert Relied Upon Surveys But Did Not Explain How They Related...

The defendants moved to exclude the expert report of Mr. Ratliff, asserting that he made critical errors in his expert report on damages. The defendants specifically alleged that Mr. Ratliff committed basic math and reasoning...more

Reading Tea Leaves From Today’s U.S. Supreme Court Arguments In The Tyson Foods Class Action

The U.S. Supreme Court heard arguments today in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. Nov. 10, 2015). Many pundits believe the case has enormous implications for workplace class action litigation, as the case...more

The Seventh Circuit Applies the Erie Doctrine to Minor Settlements

For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes the law that governs...more

Fact-Intensive Reasonable Royalty Analysis Need Not Be Peer Reviewed or Published to Be Admissible - Summit 6, LLC v. Samsung...

Addressing the admissibility of expert testimony on damages issues, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s admission of expert testimony based on a fact-intensive analysis that was not...more

That’s TheWrap: A Change In California Law To Protect Online Media Publications

A dispute involving an online media publisher has prompted California’s Legislature and Governor Jerry Brown to revise California’s libel law, in an effort to protect such publishers. California’s Civil Code Section 48a...more

Florida Supreme Court Rules Defendants May Not Admit Evidence of Potential Collateral Source Benefits Provided by Social...

In John Joerg, Jr., etc., et al. v. State Farm Mutual Automobile Insurance Co., No. SC13-1768 (October 15, 2015), the Florida Supreme Court held that defendants are precluded from introducing evidence regarding collateral...more

Ninth Circuit Holds That Google AdWords Class Can Go Forward, Despite Individualized Damages Calculations

In Pulaski & Middleman v. Google, Inc., the Ninth Circuit recently held that a class could be certified in connection with Google AdWords, even though damages would require some individualized calculations....more

Leading Cases on Chapter 93A

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

The Ninth Circuit Declares That Individualized Damages Issues Alone Never, Ever Preclude Certification of a Rule 23(b)(3) Class

In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule...more

Antitrust Matters - September 2015

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

Non-Apportioned Damages Awards Can Make Design Patents Highly Valuable

Companies should make design patents a key part of a company’s patent strategy due to the possibility for non-apportioned awards for design patent infringement. For companies manufacturing products in high volume, especially,...more

Enovsys v. AT&T: Court Excludes Plaintiff's Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability...

After the court struck plaintiff's damage expert's report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the...more

Quantum Quarterly - Issue VII - 2nd Quarter 2015

An Interview with Brent C. Kaczmarek - Brent Kaczmarek is a Managing Director of Navigant Consulting Inc. and leads the firm’s International Arbitration group from its Washington D.C., office. Brent serves as an expert...more

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Just Perfect: Compensatory Patent Damages in Apotex Inc v Merck & Co, Inc

The Federal Court of Appeal has decided that when computing compensatory damages for patent infringement, the availability of a non-infringing alternative is now a legally relevant consideration that can reduce the lost...more

Cymbalta Class Certification Denied Again

Is there a tougher federal district judge than Stephen Wilson in Los Angeles? By “tougher,” we do not mean in the usual sense when applied to judges: handing out long criminal sentences – though that certainly does apply to...more

Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value...

After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting...more

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