Apr 27
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 …
Permanent link to this article: https://betweenthenumbers.net/2018/04/calculate-economic-damages-associated-with-lost-earnings-claims-accurately-and-efficiently/
Sep 16
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 …
Permanent link to this article: https://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/
Feb 02
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 …
Permanent link to this article: https://betweenthenumbers.net/2016/02/hbo-executive-admits-1-million-fake-vendor-fraud/
Jun 30
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 …
Permanent link to this article: https://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/
Permanent link to this article: https://betweenthenumbers.net/2015/06/a-classic-coase-solution-to-a-modern-problem-the-crossfit-dispute/
Apr 02
A group of workers at Ameriprise Financial Inc. settled their federal lawsuit against the company regarding management of their 401(k) contributions that were invested in Ameriprise funds and generated millions in allegedly excessive fees for the company. The case was filed in 2011 by Roger Krueger and a group of Ameriprise plan participants. The plaintiffs disputed …
Permanent link to this article: https://betweenthenumbers.net/2015/04/9358/
Mar 31
Last week a half male/half female jury determined that Kleiner Perkins Caufield & Byers (“Kleiner Perkins”), one of the country’s most prominent venture capital (“VC”) firms, did not discriminate against junior partner Ellen Pao (“Pao”). Pao was seeking $16 million in economic damages in addition to punitive damages to compensate for the alleged inequitable promotion …
Permanent link to this article: https://betweenthenumbers.net/2015/03/vc-firm-wins-gender-based-failure-to-promote-wrongful-termination-case/
Mar 20
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. …
Permanent link to this article: https://betweenthenumbers.net/2015/03/costs-excluded-from-prejudgment-interest-calculation-in-personal-injury-award/
Mar 14
The copyright infringement case brought by the estate of Marvin Gaye against the popular musicians Robin Thicke, Pharrell Williams, and “T.I”, as well as their respective record companies, was decided by jury verdict on March 10th. The jury awarded the Gaye estate $7.4 million in damages, to be paid by Thicke and Williams, with the …
Permanent link to this article: https://betweenthenumbers.net/2015/03/blurred-lines-infringement-verdict-is-in/
Jan 07
Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000. Cases with smaller damage calculations may otherwise qualify based on the complexity of legal or factual issues a large number of parties complex discovery issues, including large volumes of documents …
Permanent link to this article: https://betweenthenumbers.net/2015/01/specialized-judges-to-handle-complex-business-commercial-and-construction-litigation/
Jun 19
A Classic Coase Solution to a Modern Problem: The CrossFit Dispute
June 19, 2015
A recent Wall Street Journal (“WSJ”) article brought to my attention a very “2K15” problem, urbanites in many of the nation’s big cities are struggling to deal with the annoyance of living next to CrossFit gyms. CrossFit is a highly intense workout regimen which has in the last several years become hugely popular. Many of …
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