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/
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/
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/
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/
Oct 10
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …
Permanent link to this article: https://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/
Jul 06
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/
