Establishing liability is only half of the battle; constructing an acceptable theory of damages supported by competent proof—particularly in the context of commercial or business litigation—can be exceedingly difficult.
Unfortunately, traditional legal theories of recovery often are not adaptable to current modes of economic analysis. Developing a coherent, analytically cohesive theory of damage recovery that incorporates an appropriate computational methodology will simplify the course of complex litigation and enhance the probability of an acceptable result.
Theoretical and pragmatic questions, such as the following, typically arise:
May lost profits be recovered in addition to the going concern value of an injured or defunct business?
What is the nature and extent of the plaintiff's reliance interest in a wrongful dealer termination case?
Does the plaintiff's restitutionary interest refer to his loss or the defendant's gain?
Are there expeditious procedures available for obtaining an accounting, as for lost profits?
When are projected lost sales an appropriate measure of damages and how are they computed?
How and when are capitalized future net earnings an appropriate measure of damages?
How are damages computed in an action for unlawful price discrimination?
What effect, if any, does inflation have on the calculation of allowable damages?
In many contexts, liability is relatively easily established, but proving damages can be much more difficult, particularly where economic issues predominate. For the defendant, it can be equally important to present an even more compelling alternate theory of damages in order to show that the plaintiff's measure of loss is procedurally, computationally, or analytically defective.
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MEET OUR Damage recovery analysis research ATTORNEYS
B.A., College of William and Mary, 1983. J.D., Marshall Wythe School of Law, College of William and Mary, 1986. Member, Virginia, U.S. Fourth Circuit and Eleventh Circuit Courts of Appeals Bars. Jeremy joined NLRG in 1986 and is the editor of our Products Liability Update. His areas of expertise include Administrative Law, Evidence, Personal Injury, Immigration, Civil Procedure, and Products Liability/Consumer Protection. In addition, Jeremy has extensive experience in the areas of medical malpractice, corporate and partnership law, including shareholder relationship issues arising in close corporations, and in professional licensing matters in the administrative law setting. Additionally, Jeremy has written petitions for certiorari to the United States Supreme Court in cases, among others, involving administrative law/professional licensing, insurance arising in the context of personal injuries, and the application of statutes of limitations in commercial transactions Read Full Bio
B.A., with Distinction, University of Virginia, 1978. J.D., University of Virginia Law School, 1983. Member, Virginia Bar. Fred was an Associate at Williams Mullen in Richmond Virginia, and Tremblay & Smith, LLP, in Charlottesville, Virginia (where he focused on personal injury law), prior to joining our firm in 1987. Fred’s areas of expertise include Personal Injury and Wrongful Death (particularly premises liability, motor vehicle accidents, dram shop liability, animal injuries, medical malpractice, negligence, products liability, and job site accidents); Intentional Torts (defamation, assault and battery, intentional infliction of emotional distress, business torts, and fraud); Insurance Law (auto, life, property, and casualty insurance); and Conflict of Laws (specializing in tort law). Fred has handled thousands of cases over the years, including many state and federal appellate court briefs.
