News & Analysis as of

Diminution in Value Damages

Mitchell, Williams, Selig, Gates & Woodyard,...

Real Estate Developer/Landfill: New York Court Addresses Common Law Action/Diminution in Value Claim

New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more

Sheppard Mullin Richter & Hampton LLP

Diminution in Value As A Measure of Damages for Trade Secret Misappropriation

Whether under the federal Defend Trade Secrets Act (“DTSA”) or under state law uniform trade secrets acts (“UTSA”), assessing monetary damages in trade secret misappropriation cases is rarely easy. By definition, trade...more

Carlton Fields

The Impact of the Duty to Mitigate on Diminution of Value Claims

Carlton Fields on

Buyers in M&A deals often contend that they value a target company based on the seller’s representations and warranties. If the buyer later determines those representations and warranties were false, it may argue that, as a...more

Carlton Fields

RWI Claims That Keep You Up at Night

Carlton Fields on

No One Likes a Bad Deal- Sometimes an acquired company’s revenues and earnings decline substantially following an acquisition. The investment is worth less to the new owner and the reputations of the deal team that...more

Bradley Arant Boult Cummings LLP

Alternative Measures of Damages in Real Property Disputes in Tennessee

When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Bracewell LLP

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New...

Bracewell LLP on

On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s...more

Nossaman LLP

What Happens When the United States Condemns a Street, Road or Public Highway?

Nossaman LLP on

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

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