News & Analysis as of

Summary Judgment Lost Profits

White and Williams LLP

A Reflection on the New Jersey Supreme Court’s Recent Rejection of a Per Se Ban on Lost- Profit Claims by New Businesses

White and Williams LLP on

On August 17, the New Jersey Supreme Court decided Schwartz v. Menas, 279 A.3d 436 (N.J. 2022). At issue was whether the plaintiff’s claim for lost profits damages as a new business was barred by the “new business rule.” This...more

McDermott Will & Emery

Nothing Exceptional About Litigation Costs Exceeding Potential Damages

McDermott Will & Emery on

Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more

Farrell Fritz, P.C.

Recovering Lost Profits Is a Fine Art in the Legal World

Farrell Fritz, P.C. on

Perhaps the most important aspect of any case is determining what your damages are. After all, isn’t that generally the point of all our efforts – to try to recover the most amount of money?...more

Troutman Pepper

Supreme Court Of North Dakota: Where Contract Provided That Either Party Could Cancel Upon 30 Days’ Notice, The Non-Breaching...

Troutman Pepper on

Cont’l Res. v. P&P Indus., LLC, 2018 N.D. Lexis 20 (January 22, 2018) - In 2013, Continental Resources Inc. (“Continental”), an oil producer doing business in North Dakota, entered into a master servicing agreement,...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide