Lost Profits

News & Analysis as of

Biotronik A.G. v. Conor Medsystems: Be Sure to Expressly Exclude Lost Profits in Drafting New York Law Contracts

On March 27, 2014, the New York Court of Appeals held that a provision excluding both parties' liability for consequential damages would not preclude recovery of lost profits that the court found were the direct and probable...more

Damage Expert's Failure to Consider Non-Infringing Alternatives Justifies Summary Judgment of No Lost Profits

Protegrity Corporation ("Protegrity") filed a patent infringement action against Voltage Security, Inc. ("Voltage")over patents that allegedly cover methods, systems and apparatuses for encrypting electronic data. Protegrity...more

Sixth Circuit Affirms Lost Profits Damages In ERISA Case

The Sixth Circuit recently published a case, Rochow v. Life Insurance Company of North America, clarifying several points of law as they relate to damages from a claim made under the Employment Retirement Income and Security...more

What Is the Difference Between Personal Injury and Workers’ Compensation in Florida?

Accidents can happen anywhere at any time. In Florida, 227,998 vehicle crashes resulted in 2,400 deaths and 181,654 injuries in 2011. That same year, 227 workplace fatalities occurred in the state. State and federal law...more

The Prospect Generator’s Case, A Second Look

There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post. Damages – With Room to Run, the Expert Scores. Courts are entitled to be “flexible and...more

Florida Requires Replacement Cost Payments Include Profit and Overhead Even if No Repairs Have Been Made

On July 3, 2013, the Florida Supreme Court held that an insurer making a replacement cost payment to a homeowner who had yet to repair the damaged property could not withhold payment of that component of replacement cost that...more

Intellectual Property Newsletter - April/May 2013

In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more

Insurance Coverage For Businesses Affected By The Oklahoma Tornado

Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage....more

"HMRC Turns Up the Pressure on UK LLPs"

Following the announcement in Budget 2013, HM Revenue & Customs (HMRC) issued a consultation document on May 20, 2013 that focuses on two areas of partnership taxation where HMRC perceive “unintended inconsistencies”...more

Patent Watch: Versata Software, Inc. v. SAP Am., Inc.

On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more

Business Court Excludes Testimony Of Financial Expert On Lost Profit Damages

The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December...more

In New York State, Allegations of Loss are Not Enough

A decision last year from the Commercial Division of the New York State Supreme Court, Erie County, provides two helpful reminders to commercial litigants. First, at least in New York, the plaintiff’s damages must have been...more

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