Author: Robert L. Dunn
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 618
Book Description
"A completely rewritten, up-to-the-minute edition of the only text devoted to this difficult topic. Frequently cited by the courts as authority, this widely owned treatise provides an incisive, well-organized analysis of every significant lost profits damages case in the federal and 50-state jurisdictions, plus invaluable practice guidance that explains how to calculate, present, and prove lost profits damages. cites, organizes, and skillfully analyzes every significant lost profits case -- on every lost profits issue -- in both contract and tort actions provides up-to-date coverage of the 2003 revision to Article Two (Sales) of the Uniform Commercial Code, as well as the specific guidelines limiting recovery of economic damages in tort cases set down by the RESTATEMENT, TORTS (THIRD): PRODUCTS LIABILITY explains and illustrates both theoretical and practical approaches to calculating the true extent of damages serves as a complete guide on how to prove -- and how NOT to prove -- lost profits damages, with detailed new coverage of such subjects as qualification of lost profits experts, the foundation for testimony on lost profits, the form of the lost profits expert opinion, and presentation of evidence up-to-the-minute discussions and analysis of the foreseeability rule, the economic loss rule, how to discount future damages, and the admissibility of economic damages expert testimony under Daubert principles new outlines for direct and cross-examination of damages expert witnesses."--Publisher's website.
Recovery of Damages for Lost Profits
Author: Robert L. Dunn
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 618
Book Description
"A completely rewritten, up-to-the-minute edition of the only text devoted to this difficult topic. Frequently cited by the courts as authority, this widely owned treatise provides an incisive, well-organized analysis of every significant lost profits damages case in the federal and 50-state jurisdictions, plus invaluable practice guidance that explains how to calculate, present, and prove lost profits damages. cites, organizes, and skillfully analyzes every significant lost profits case -- on every lost profits issue -- in both contract and tort actions provides up-to-date coverage of the 2003 revision to Article Two (Sales) of the Uniform Commercial Code, as well as the specific guidelines limiting recovery of economic damages in tort cases set down by the RESTATEMENT, TORTS (THIRD): PRODUCTS LIABILITY explains and illustrates both theoretical and practical approaches to calculating the true extent of damages serves as a complete guide on how to prove -- and how NOT to prove -- lost profits damages, with detailed new coverage of such subjects as qualification of lost profits experts, the foundation for testimony on lost profits, the form of the lost profits expert opinion, and presentation of evidence up-to-the-minute discussions and analysis of the foreseeability rule, the economic loss rule, how to discount future damages, and the admissibility of economic damages expert testimony under Daubert principles new outlines for direct and cross-examination of damages expert witnesses."--Publisher's website.
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 618
Book Description
"A completely rewritten, up-to-the-minute edition of the only text devoted to this difficult topic. Frequently cited by the courts as authority, this widely owned treatise provides an incisive, well-organized analysis of every significant lost profits damages case in the federal and 50-state jurisdictions, plus invaluable practice guidance that explains how to calculate, present, and prove lost profits damages. cites, organizes, and skillfully analyzes every significant lost profits case -- on every lost profits issue -- in both contract and tort actions provides up-to-date coverage of the 2003 revision to Article Two (Sales) of the Uniform Commercial Code, as well as the specific guidelines limiting recovery of economic damages in tort cases set down by the RESTATEMENT, TORTS (THIRD): PRODUCTS LIABILITY explains and illustrates both theoretical and practical approaches to calculating the true extent of damages serves as a complete guide on how to prove -- and how NOT to prove -- lost profits damages, with detailed new coverage of such subjects as qualification of lost profits experts, the foundation for testimony on lost profits, the form of the lost profits expert opinion, and presentation of evidence up-to-the-minute discussions and analysis of the foreseeability rule, the economic loss rule, how to discount future damages, and the admissibility of economic damages expert testimony under Daubert principles new outlines for direct and cross-examination of damages expert witnesses."--Publisher's website.
Recovery of Damages for Lost Profits
Author:
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
Book Description
Recovery of Damages for Lost Profits
Author: James J. Marcellino
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 218
Book Description
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 218
Book Description
Recovery of Damages for Fraud
Author: Robert L. Dunn
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 456
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 456
Book Description
Recovery of Damages for Lost Profits
Author: Robert L. Dunn
Publisher:
ISBN:
Category :
Languages : en
Pages : 87
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 87
Book Description
Patent Remedies and Complex Products
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Recovery of Lost Profits as Contract Damages
Author: Michael Anthony Doyle
Publisher:
ISBN:
Category : Lost profits damages
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Lost profits damages
Languages : en
Pages :
Book Description
Reference Manual on Scientific Evidence
Author:
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
Book Description
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
Book Description
The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys
Author: Nancy J. Fannon
Publisher: BVResources
ISBN: 9781935081340
Category : Business & Economics
Languages : en
Pages : 925
Book Description
A complete overhaul of last year¿s bestselling guide, this 2010 edition brings together the comprehensive body of knowledge on lost profits damages and delivers the definitive resource for financial experts and attorneys alike. Fannon and other leading experts provide thorough analysis of current case law and valuation methodology related to the calculation of damages.
Publisher: BVResources
ISBN: 9781935081340
Category : Business & Economics
Languages : en
Pages : 925
Book Description
A complete overhaul of last year¿s bestselling guide, this 2010 edition brings together the comprehensive body of knowledge on lost profits damages and delivers the definitive resource for financial experts and attorneys alike. Fannon and other leading experts provide thorough analysis of current case law and valuation methodology related to the calculation of damages.
The New Business Rule and Compensation for Lost Profits
Author: Victor P. Goldberg
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
Book Description
For many years most American jurisdictions applied the “new business” rule, denying recovery of lost profits for new businesses. The majority position today rejects the per se rule, treating the issue as a rule of evidence -- lost profits must be proved with “reasonable certainty.” This paper argues that the new business rule ought not be viewed as merely a matter of whether the evidence is sufficient to surmount the “reasonable certainty” hurdle. The confusion arises because courts have lumped together a number of different problems. By breaking these out, a more nuanced picture emerges. For one category, in particular, the denial of recovery would be correct: Following a breach, the plaintiff, who has done nothing in reliance, claims that, but for the breach, I would have done X and I would have made a lot of money by doing so. The damage remedy has to take account of the opportunity cost of capital. Since there is no reason to believe that this particular investment would have been more profitable than any alternative use of the funds that the plaintiff saved because the deal cratered, there would be no loss. By failing to recognize this courts have in many instances overcompensated claimants.The loss would not be zero in other contexts in which the new business defense has been raised. If a licensee wrongfully failed to exploit intellectual property, the licensor's claim for royalties foregone has a positive value. Claims for delay or breach of warranty likewise would have a positive expected value. By failing to distinguish these different categories, the courts produced a doctrinal mess.
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
Book Description
For many years most American jurisdictions applied the “new business” rule, denying recovery of lost profits for new businesses. The majority position today rejects the per se rule, treating the issue as a rule of evidence -- lost profits must be proved with “reasonable certainty.” This paper argues that the new business rule ought not be viewed as merely a matter of whether the evidence is sufficient to surmount the “reasonable certainty” hurdle. The confusion arises because courts have lumped together a number of different problems. By breaking these out, a more nuanced picture emerges. For one category, in particular, the denial of recovery would be correct: Following a breach, the plaintiff, who has done nothing in reliance, claims that, but for the breach, I would have done X and I would have made a lot of money by doing so. The damage remedy has to take account of the opportunity cost of capital. Since there is no reason to believe that this particular investment would have been more profitable than any alternative use of the funds that the plaintiff saved because the deal cratered, there would be no loss. By failing to recognize this courts have in many instances overcompensated claimants.The loss would not be zero in other contexts in which the new business defense has been raised. If a licensee wrongfully failed to exploit intellectual property, the licensor's claim for royalties foregone has a positive value. Claims for delay or breach of warranty likewise would have a positive expected value. By failing to distinguish these different categories, the courts produced a doctrinal mess.