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Partial Case Experience in Loss of net Profits

Lasko Products, Inc. v. Able Machinery Movers, Inc. - On behalf of Defendant, reviewed and critiqued Plaintiff's damages expert report; calculated lost profits based on actual and projected production capacity of a damaged machine; and presented damage analysis testimony at mediation.  Plaintiff alleged lost profit damages for the downtime that occurred during the repair of a damaged machine.  Case settled at mediation for Plaintiff's estimated legal costs.


College Connection, Inc. v. The Southland Corporation - assisted Defense in calculating alleged lost profits claimed by Plaintiff and provided consultation and financial analysis regarding case strategy. Also assisted with review of Plaintiff's calculation of potential damages and possible lost profits as prepared by Plaintiff's accounting expert. Case went to trial and court rendered a complete Defense verdict.


Michael G. Dunham v. CCC Information Group, Inc. a/k/a CCC Information Services, Inc. and CCC Information Services, Inc. - assisted Defendant in calculating alleged lost profits (independent contractor commissions) claimed by Plaintiff.  Provided written report.  Case settled before trial.


Yarrington Road Materials v. Wausheka - Pierce Industries, Inc. and Kolberg-Pioneer, Inc.  Plaintiff is the client.  The Plaintiff purchased, from the Defendants, a design and install aggregate plant.  The allegations by the Plaintiff include, but are not limited to, the Defendant statement that the completed plant would feed a certain number of tons of raw material per hour.  Prepared report and provided expert testimony of net loss of profits due to difference in promised production rate and actual production rate. Plaintiff was awarded $2,000,000 judgment plus attorneys fees.


Advance Manufacturing Co., Inc. d/b/a Scrap Source v. Sony Magnetic Products, Inc of America - on behalf of Defendant 1) calculated damages due Defendants as a result of waste materials received by Plaintiffs yet not paid for by Plaintiffs and 2) assisted with review of Plaintiff's calculation of potential damages and possible lost profits as prepared by Plaintiff's accounting expert.  Provided written report and expert testimony at deposition and trial.  Plaintiff was asking for damages in excess of $2 million.  Jury rendered damage award to Plaintiff of $150,000.


Howard Construction, Inc. v. City of Fort Worth – on behalf of the Plaintiff, a small minority general contractor in the concrete finishing and paving business, calculated loss of net profits due to Defendants action of removing Plaintiff from a specific project without merit.  Defendant's action caused Plaintiff to lose its bonding capacity, other business, and incur losses in net profits.  Report was issued and expert testimony provided.  Plaintiff was awarded $275,000 in damages.


Electro Associates, Inc. v. Harrop Construction Company, Inc. – engaged by the Defendant to review and investigate actual claims for damages of $500,000 and punitive damages of $5,000,000 alleged by Plaintiff.  Expert testimony was provided to the court concerning contract damages, and lost profits.  Plaintiff received a judgment of $180,000 for actual damages and nothing for punitive damages.


Speciale Homes, Inc. v. Mike Speciale – on behalf of Plaintiff calculated damages due to Defendants wrongful expenditure of corporate funds and loss of net profits on projects wrongfully taken by Defendant upon his termination by Plaintiff.  Prepared written report and provided expert testimony at trial.  Plaintiff prevailed.


Third and Colorado v. Sullivan’s Steakhouse – retained by Plaintiff to calculate lost net profits due to a contractual agreement with the Defendant for parking space usage.  Report was issued.  Case settled favorably to Plaintiff.


PJS of San Antonio, Inc et al v. Tim Clark et al- retained by Defendants to calculate loss of net profits and to review and critique Plaintiff’s expert report resulting from an alleged breach of a non-compete clause in an employee agreement.  Defendant countersuits claiming employee A and Plaintiff have violated the non-compete and have unjustly enriched themselves.  Prepared written report and provided deposition testimony.  Case settled. 


Benihana National Corp. v. Snow Rah Company, et al - assisted Plaintiff in analysis of financial documents related to determination of any and all business interruption losses as a result of a fire which occurred at the Benihana Restaurant.  Case settled before trial.

 

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