Category: Damages

NFL Player Claims Lost Earnings of $180 Million

It has been reported that Sharrif Floyd, a former Minnesota Vikings defensive tackle, will sue the notable surgeon who he claims prematurely ended his NFL career.  Floyd is claiming damages of $180 million, an amount described as his lost future earnings in the NFL. Many have questioned the reasonableness of the reported claim.  While NFL …

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Permanent link to this article: https://betweenthenumbers.net/2018/11/nfl-player-claims-lost-earnings-of-180-million/

SEC Charges San Diego Duo in Alleged Ponzi Scheme

The Securities and Exchange Commission (“SEC”) charged Jonny Ngo, Donato “Mick” Baca, Jr., and NL Technology, LLC with defrauding hundreds of investors by running a Ponzi scheme. A Ponzi scheme is a type of investment fraud that sustains itself by paying claimed returns to existing investors with fresh money from new investors, while also enriching …

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Permanent link to this article: https://betweenthenumbers.net/2018/10/sec-charges-san-diego-duo-in-alleged-ponzi-scheme/

Check Amounts Can Differ Substantially from Class Action Settlements Per Claim

The reported value per claim in a class action settlement can differ significantly from the actual check a class member receives.  Both StarKist and Trader Joe’s have faced class action lawsuits involving damages for allegedly under-filled cans of tuna.  Both defendants settled for cash amounts in the range of $25-29 per claim (although StarKist also …

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Permanent link to this article: https://betweenthenumbers.net/2018/09/check-amounts-can-differ-substantially-from-class-action-settlements-per-claim/

Valuing Higher Education in Lost Income Claims

A typical lost earnings analysis endeavors to value the personal income that was lost due to injury or loss of employment opportunities.  This is more challenging when income is not yet established, e.g. when the injured Plaintiff has yet to enter the workforce or there is evidence that the Plaintiff would have otherwise altered their …

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Permanent link to this article: https://betweenthenumbers.net/2018/09/valuing-higher-education-in-lost-income-claims/

Patent Feature Double Count Sinks Damages Calculation

Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer and network security technology.  Many patented products, particularly those involving technology, use more than one patent.  As described in this related article, a damage analyst in this situation will often need to …

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Permanent link to this article: https://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/

Lochte Likely Loses Much More Than His Wallet in Olympics Debacle

After the last Olympics, Ryan Lochte enjoyed a nice run of endorsements deals, reportedly enjoying over $2 million from a host of well known brands.  However, after the highly publicized recent Olympic debacle in which he allegedly destroyed property and then claimed to have been robbed, it is likely that he will not enjoy a …

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Permanent link to this article: https://betweenthenumbers.net/2016/08/lochte-likely-loses-much-more-than-his-wallet-in-olympics-debacle/

HBO Executive Admits $1 Million Fake Vendor Fraud

A former talent relations executive at HBO has admitted to diverting nearly $1 million in production funds to a fake company she created.  The type of fraudulent billing scheme using a shell company can be accomplished with nothing more than a fictitious name and a payment destination.  In this case, the executive used the name …

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Permanent link to this article: https://betweenthenumbers.net/2016/02/hbo-executive-admits-1-million-fake-vendor-fraud/

Appeals Court Requires a Medical Expert to Prove Discomfort Causation

The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny.  The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …

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Permanent link to this article: https://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/

Damage Award Aims to Curtail Future Transgressions

According to USA Today’s July 8, 2015 article, a woman was awarded a damages of $229,500 for being harassed by Time Warner Cable. The cable company solicited Araceli King with 153 robocalls despite her complaints and direct requests to cease and desist. Judge Alvin Hellerstein of the Manhattan federal court decided to triple the typical …

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Permanent link to this article: https://betweenthenumbers.net/2015/07/damage-award-aims-to-curtail-future-transgressions/

Costs Excluded From Prejudgment Interest Calculation In Personal Injury Award

Prejudgment interest is often applied to a personal injury award in an attempt to capture the lost value of the use of monies prior to the judgment date.  A recent case, Bean v. Pacific Coast Elevator Corporation (“Pacific Coast”), has addressed whether costs awarded to a plaintiff in addition to damages are also subject to prejudgment interest.  …

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Permanent link to this article: https://betweenthenumbers.net/2015/03/costs-excluded-from-prejudgment-interest-calculation-in-personal-injury-award/