Category: Economic 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 …

Continue reading

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

The Appropriate Discount Rate in a Lost Earnings Claim

Every few years, the Journal of Forensic Economics (JFE) publishes the results of its survey of National Association of Forensic Economics (NAFE) members regarding their methods, estimates, and perspectives on lost earnings calculations.  As described in this related article, this survery demonstrates how damages experts often disagree regarding the appopriate discount rate in a lost …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2018/11/the-appropriate-discount-rate-in-a-lost-earnings-claim-2/

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 …

Continue reading

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 …

Continue reading

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 …

Continue reading

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

Calculating Future Lost Earnings with No Earnings History

One common point of disagreement amongst opposing sides of a lost earnings case is future earnings, especially when the claimant has no meaningful earnings history.  This typically occurs in personal injury cases in which the injured party is a child or an adolescent.  Recently published data by the Board of Governors of the Federal Reserve …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2018/06/calculating-future-lost-earnings-with-no-earnings-history/

Calculate Economic Damages Associated with Lost Earnings Claims Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts (often economists or CPAs) are often employed to calculate lost compensation because of their unique background/skill set in addressing such economic losses.  However, the desire to minimize costs means …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2018/04/calculate-economic-damages-associated-with-lost-earnings-claims-accurately-and-efficiently/

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 …

Continue reading

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

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 …

Continue reading

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

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/