Breach of Contract Cases

Examples of Complex Cases in which experts at Litigation Economics have provided analyses and testimony include the following:

Corso Enterprises, et al. vs. Shop at Home Network, Inc., Summit Television, Inc. et al. Federal case involved a commercial dispute between developer, manufacturer, distributor of skin care and beauty products and a large television network that marketed and sold these products via special TV shows. Damages estimated included lost profits due to reduction (then cessation) of show times, extra storage costs as product supply line backed up, and prejudgment interest. Retained by George E. Copple, Jr. and Suzette Peyton, counsel for Plaintiff, Nashville, Tennessee.

Nancy Callahan vs. Rod Goya, et al. Breach of contract involving water intrusion to Carmel, California commercial offices leased to plaintiff who operated a public accountancy practice there. Plaintiff’s health worsened due to adverse conditions in office. Damages measured as lost profits; namely using econometric methods, developed future revenue projections adjusted for trend and seasonal factors then subtracted avoided variable costs. Other types of damages included value of reduced household production, medical expenses, and related future costs. Retained by plaintiff counsel, Kathleen Clack, Attorney at Law, Fresno, California.

Tire Waste Transport, Inc. vs. OmniSource Corporation. Case involved dispute arising from waste processing, specifically, the extraction of steel from used tires for production of steel. Plaintiff expert’s report relied on mainly on ideas and conjectures of plaintiff. Litigation Economics provided a rebuttal report that challenged breach of contract, unjust enrichment and tortious interference claims totaling nearly $65m. Case settled favorably for client. Retained by Attorney Robert Walters of Barret McNagny Law, Fort Wayne, Indiana.

LAC Basketball Club, Inc. vs. Bill C. Fitch. Case involved a breach of written contract and breach of covenant of good faith and fair dealing by NBA coach who failed to seek alternative employment after being fired by Los Angeles Clippers. Analysis consisted of estimating economic loss to LAC had defendant in fact secured job in keeping with past experience as leading NBA and college basketball coach. Retained by Robert H. Platt, counsel for Plaintiff, Manatt, Phelps, & Phillips, LLP, Los Angeles, California.

F. Alioto Company, Inc. vs. City and County of San Francisco and ExxonMobil Oil Corporation, et al. Provided deposition testimony August 2011. Damages computed included lost past profits, measured as but-for revenue less avoided variable costs, plus the present value of future lost profits in three different scenarios. Retained by San Francisco Attorney, Gwen Fanger, of Davis, Wright, Tremaine.