Jan 19
Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant. They should not provide a windfall to plaintiff. In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …
Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/
Nov 09
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 …
Permanent link to this article: https://betweenthenumbers.net/2018/11/nfl-player-claims-lost-earnings-of-180-million/
Nov 05
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 …
Permanent link to this article: https://betweenthenumbers.net/2018/11/the-appropriate-discount-rate-in-a-lost-earnings-claim-2/
Sep 17
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 …
Permanent link to this article: https://betweenthenumbers.net/2018/09/valuing-higher-education-in-lost-income-claims/
Jun 27
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 …
Permanent link to this article: https://betweenthenumbers.net/2018/06/calculating-future-lost-earnings-with-no-earnings-history/
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/
Aug 13
The $26 million settlement between Universal City Studios and a class of Hollywood filmmakers has been tentatively approved. The filmmakers believed they had been underpaid based on miscalculated royalties associated with profits from home-video sales. Unfortunately underpayment of royalties is all too common and many fail to properly manage their agreements. One critical tool against …
Permanent link to this article: https://betweenthenumbers.net/2015/08/26-million-settlement-to-hollywood-filmmakers-over-home-video-royalties/
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/
Dec 23
Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, …
Permanent link to this article: https://betweenthenumbers.net/2014/12/new-rules-for-patent-royalties/
May 14
A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …
Permanent link to this article: https://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/
