Category Archive: Economic Damages

Apr 02

Disgorgement remedy potentially broadened by Second Circuit

In a sharply-divided 2-1 vote, the Second Circuit Court of Appeals found that a civil disgorgement amount can exceed the profit that the defendant received. Although the case facts and Opinion directly involved insider trading in an action brought by the Securities and Exchange Commission, the rationale could presumably be applied in other wrongful conduct. …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/disgorgement-remedy-potentially-broadened-by-second-circuit/

Feb 21

Liability Extended to Employees for Underreported License Fees

A recent case in the Canadian courts took the unusual step of extending liability to the employees working for the entity who underreported licensing royalties.  Plaintiff XY and Defendant JingJing entered into a licensing agreement for use of technology.  The Court found that JingJing breached the terms of the contract and falsified its records in …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/liability-extended-to-employees-for-underreported-license-fees/

Jan 29

US Supreme Court to Hear Significant Copyright Case

Technology is changing at a rapid pace and this change touches on some serious legal issues.  A recent article by Marc Miller and Melissa Reinckens of DLA Piper discusses a case that will be heard by the U.S. Supreme Court.  The cases involves, Aereo, a New York-based startup technology company financed by Barry Diller, utilizes …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/us-supreme-court-to-hear-significant-copyright-case/

Jan 27

$765 Million Settlement Not Enough!

A recent article by Case Funding Inc., indicated that Judge Anita Body had questions about the adequacy of the $765 million settlement between the NFL and NFL players.  The settlement relates to mild traumatic brain injuries (mTBI) that NFL players have suffered or may suffer in the future as a result of their NFL careers. …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/765-million-settlement-not-enough/

Dec 14

Disgorgement of Profits on Unpaid Benefits Granted in ERISA Long Term Disability Case

In Rochow v. Life Insurance Company of North America (“LINA”), the Appeals Court affirmed a disgorgement remedy of $3.8 million under ERISA in this long term disability case.  In a previous appeal, the Court had determined that LINA had acted in an arbitrary and capricious manner when it continuously denied Daniel Rochow benefits for his long …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/disgorgement-and-unpaid-benefits-granted-in-erisa-long-term-disability-case/

Dec 03

States Continue to Search for Ways to Save on Judicial Resources

Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved.  The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle.  Florida recently passed a Proposal for Settlement Statute related to …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/

Jul 24

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Jul 06

Lost Earnings Claim Getting Way More Press Than it Deserves

Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity.  However, it appears that neither of those are true.  From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine.  So, why …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/

May 30

Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/

May 06

$500K in Damages Claimed from Refusal to Use Technology Fallout

In this day and age, technology is surrounding us everywhere and being used by everyone from kids to seniors.  Technology is now being used on airplanes as well to communicate with flight attendants. ABC News, along with other sources, reports that a passenger recently refused to use new airline technology on a Virgin America flight …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/500k-in-damages-claimed-from-refusal-to-use-technology-fallout/

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