Speculative Damages

542 Florida cases classified under this topic, plus 11 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Polyglycoat Corp. v. Hirsch Distribs., Inc.
  442 So. 2d 958· Fla. 4th DCA· 1983-04-27 ·cited 191×
  A trial court errs by excluding a corporation's designated representative from the courtroom during substantial portions of trial testimony, even if witnesses' trade secrets are to be protected, because such a blanket ban applies equally to all parties' representatives and leaves
• Bochese v. Town OF Ponce Inlet
  405 F.3d 964· 11th Cir.· 2005-04-07 ·cited 179×
  Alfred Bóchese, a residential property owner in Ponce Inlet, Florida, sued the Town under 42 U.S.C. § 1983 challenging the Town's rescission of a development agreement amendment that had rezoned his oceanfront lot from T-1 to Planned Unit Development (PUD) status. Bóchese claimed
• New Amsterdam Cas. Co. & C. E. Yocam v. Util. Battery Mfg. Co.
  122 Fla. 718· Fla.· 1935-12-27 ·cited 161×
  The Florida Supreme Court reversed a jury verdict awarding damages on a receivership bond, holding that while attorney fees incurred in procuring the receiver's discharge were recoverable, damages for lost profits due to the receivership appointment were not supported by sufficie
• Terrell v. Household Goods Carriers' Bureau
  494 F.2d 16· 5th Cir.· 1974-05-15 ·cited 148×
  The court held that the prior en banc decision established liability and causation as the law of the case, precluding the appellant from relitigating sufficiency of evidence on those issues. Expert testimony on damages was properly admitted as it was based on disputed facts and r
• Lehrman v. Gulf OIL Corp.
  500 F.2d 659· 5th Cir.· 1974-09-11 ·cited 129×
  The court held that the jury's damage award was supported by sufficient evidence and proper jury instructions, and that the prior appellate ruling on damages was binding under the law of the case doctrine.
• Sullivan v. McMillan
  26 Fla. 543· Fla.· 1890-06-01 ·cited 107×
  The Florida Supreme Court reversed a jury verdict for plaintiffs in a log delivery contract dispute, holding that the defendant executors properly refused to accept further logs under the contract, but that the damages calculation was defective because it failed to account for ne
• Johnson Enters. OF Jacksonville, Inc. v. FPL Grp., Inc.
  162 F.3d 1290· 11th Cir.· 1998-12-18 ·cited 104×
  Johnson Enterprises of Jacksonville, Inc. (JEJ) sued Telesat Cablevision, Inc., FPL Group, Inc., and FPL Group Capital, Inc. for breach of contract, fraud, RICO violations, and various tort claims arising from a cable television construction contract dispute. JEJ alleged that Tel
• Volasco Prods. Co. v. Lloyd A. FRY Roofing Co.
  308 F.2d 383· 6th Cir.· 1962-09-12 ·cited 101×
  The court held that there was insufficient evidence of individual monopolization and that the jury instructions on monopolization were inadequate, requiring reversal. It also found the plaintiff's damage calculations to be speculative and unsupported.
• W.W. GAY Mech. Contractor, Inc. v. Wharfside TWO, Ltd.
  545 So. 2d 1348· Fla.· 1989-06-15 ·cited 99×
  Expert testimony regarding prospective lost profits is admissible if (1) the defendant's action caused the damage and (2) there is some standard by which the amount of damages may be adequately determined. A business can recover lost prospective profits regardless of whether it i
• Herman Schwabe, Inc. v. United Shoe Mach. Corp.
  297 F.2d 906· 2d Cir.· 1962-01-04 ·cited 92×
  The court held that the plaintiff failed to present sufficient evidence of damages to warrant submission to the jury, and therefore, any other errors were not prejudicial.
• Pesaplastic v. Cincinnati Milacron Co.
  750 F.2d 1516· 11th Cir.· 1985-01-24 ·cited 91×
  The court affirmed the district court's judgment, finding sufficient jurisdiction, venue, and that the trial court did not err in its evidentiary rulings, jury instructions, or determination of contribution.
• Winner v. Sharp
  43 So. 2d 634· Fla.· 1949-12-13 ·cited 91×
  In this negligent death case arising from a fatal automobile-pedestrian accident involving a three-year-old child, the Florida Supreme Court affirmed a jury verdict for the parents against the driver, rejecting challenges to the admissibility of evidence, the trial court's instru
• Equal Emp. Opportunity Comm'n v. Prudential Fed. Sav. & Loan Ass'n
  763 F.2d 1166· 10th Cir.· 1985-05-28 ·cited 90×
  Front pay is not a remedy contemplated by the ADEA, as it is too uncertain and speculative to be considered 'lost wages' or 'lost earned benefits'.
• Kolb v. Goldring, Inc.
  694 F.2d 869· 1st Cir.· 1982-12-02 ·cited 84×
  The court held that the jury's compensatory damages award was excessive and recalculated it, ordering a remittitur or a new trial on damages. It also affirmed the denial of prejudgment interest.
• Goldstein v. Kelleher
  728 F.2d 32· 1st Cir.· 1984-02-29 ·cited 82×
  The court held that a consensual trial before a magistrate under 28 U.S.C. § 636(c)(3) is constitutional, and that while the magistrate erred in allocating peremptory challenges, the plaintiff failed to demonstrate prejudice. The court also affirmed the directed verdict on the in
• Baird v. Franklin
  141 F.2d 238· 2d Cir.· 1944-02-25 ·cited 70×
  The court held that even if the Stock Exchange breached a duty by failing to discipline Richard Whitney, the plaintiffs failed to prove that this breach caused their damages, as the securities were already converted and in the hands of pledgees.
• R.A. Jones & Sons, Inc. v. Holman
  470 So. 2d 60· Fla. 3d DCA· 1985-06-04 ·cited 69×
  R.A. Jones & Sons, a designer and seller of irrigation systems, sued Ford Motor Company and its distributor Holman & Moody for breach of warranty after selling defective industrial engines to farmers. The court reversed a directed verdict in favor of the distributor, vacated a re
• Neville Chem. Co. v. Union Carbide Corp.
  422 F.2d 1205· 3d Cir.· 1970-02-06 ·cited 68×
  The court held that the jury's findings of negligence and breach of warranty were supported by sufficient evidence, and that the contract did not effectively disclaim liability for the resulting odor problem.
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  178 So. 2d 113· Fla.· 1965-07-14 ·cited 67×
  A dispute over the buyout of minority stockholders' shares in a homebuilding corporation where the parties entered into a stock purchase agreement and corporate charter provision allowing buyout at book or market value (whichever higher) in corporate assets. The Florida Supreme C
• Sun City Holding Co. v. Schoenfeld
  97 Fla. 777· Fla.· 1929-05-11 ·cited 67×
  This case involves a buyer seeking to rescind contracts for land purchase due to the seller's failure to make promised improvements. The court found that the seller's covenants to make improvements were dependent on the buyer's payment, and that a reasonable time for these improv
• Flame Coal Co. v. United Mine Workers OF Am.
  303 F.2d 39· 6th Cir.· 1962-05-21 ·cited 65×
  The court held that an accountant's exhibit calculating lost profits was inadmissible without the underlying records, requiring a remittitur of compensatory damages above proven special damages, but affirmed the punitive damages award.
• K-B Trucking Co. & Keith Collins v. Riss Int'l Corp. & World Leasing, Inc.
  763 F.2d 1148· 10th Cir.· 1985-05-28 ·cited 64×
  The court held that Collins was a proper plaintiff as a real party in interest and that the jury's findings of fraud and actual damages against World Leasing were supported by sufficient evidence, but the damage award against Riss was not sufficiently supported by evidence of los
• Payne v. Ivey
  83 Fla. 436· Fla.· 1922-03-25 ·cited 64×
  The Director General of Railroads appeals a damage judgment for water diversion and crop loss, arguing that venue was improper and the jury was given erroneous instructions regarding the standard of care and measure of damages. The Florida Supreme Court reversed, finding that the
• Atlanta & St. Andrews Bay Ry. Co. v. Thomas
  60 Fla. 412· Fla.· 1910-06-01 ·cited 64×
  A railroad company agreed to build a depot at a specific location on land conveyed by local property owners as consideration for the right of way. The railroad accepted the benefit of the land conveyance but failed to construct the promised depot. The Florida Supreme Court upheld
• Am. Infra-Red Radiant Co., Inc. v. Lambert Indus., Inc.
  360 F.2d 977· 8th Cir.· 1966-05-20 ·cited 62×
  The court held that the Schwank patent '294 for a ceramic burner plate is invalid for lack of novelty and non-obviousness, as its teachings were anticipated by prior art, specifically the McCourt patent.
• Wm. D. Chipley v. Atkinson
  23 Fla. 206· Fla.· 1887-01-01 ·cited 62×
  This case establishes that an employee can maintain an action against a third party for maliciously and wrongfully procuring his discharge from employment, even when the employment is at will, provided the third party's conduct was malicious and wanton and caused actual damage. T
• Davis v. Combustion Eng'g, Inc.
  742 F.2d 916· 6th Cir.· 1984-08-16 ·cited 61×
  The court's majority opinion is not fully detailed here, but the dissenting opinion argues against the front pay award and the jury instructions on willfulness.
• Kestenbaum v. Falstaff Brewing Corp.
  575 F.2d 564· 5th Cir.· 1978-06-23 ·cited 59×
  The court held that the plaintiff's proof of damages from price-fixing was legally insufficient due to speculation and reliance on an illegal conspiracy. It also found that the plaintiff failed to demonstrate an anticompetitive effect from Falstaff's local advertising, bar spendi
• Zimmerman v. First Fed. Sav. & Loan Ass'n OF Rapid City
  848 F.2d 1047· 10th Cir.· 1988-06-06 ·cited 58×
  The court affirmed the district court's rulings, finding no reversible error in the jury's verdict, the directed verdict, or the evidentiary rulings. The court also affirmed the denial of motions to dismiss and the admission of certain evidence.
• Crouch v. Parsons Thomas Crouch
  566 F.2d 486· 5th Cir.· 1978-01-17 ·cited 58×
  The court held that the domestic relations exception to diversity jurisdiction did not apply to a suit for breach of a separation agreement, and the trial court properly calculated damages for future monthly payments by awarding their present value.
• Hodges v. A. P. Fries & Co.
  34 Fla. 63· Fla.· 1894-06-01 ·cited 58×
  Sarah Hodges sued A. P. Fries & Co. for breach of a contract to rent half of a store in Jacksonville for a millinery business. The Florida Supreme Court affirmed the lower court's judgment, holding that speculative profits from an unestablished business cannot be recovered as dam
• Wilshire OIL Co. OF Tex. v. Riffe
  409 F.2d 1277· 10th Cir.· 1969-04-15 ·cited 57×
  The court held that the Riffes lacked sufficient contacts with Kansas for personal jurisdiction, but the claim against Masterson for breach of fiduciary duty was improperly dismissed for failure to state a claim.
• S. Dade Farms, Inc. v. Peters
  88 So. 2d 891· Fla.· 1956-04-04 ·cited 57×
  South Dade Farms was held in contempt for allegedly violating an injunction that prohibited growing potatoes on specified parcels. The Florida Supreme Court reversed, holding that leases executed and acts taken before the injunction decree was entered cannot constitute contempt o
• Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Mgmt., Inc.
  519 F.2d 634· 8th Cir.· 1975-06-27 ·cited 54×
  The court held that a district court may assert personal jurisdiction over a dominant shareholder by piercing the corporate veil of their alter ego corporation, and that lost profits are a recoverable measure of damages for breach of contract in Iowa if the fact of loss is clear
• Werthan Bag Corp. v. Agnew
  202 F.2d 119· 6th Cir.· 1953-02-04 ·cited 54×
  The court held that evidence of lost bonus earnings was admissible to calculate damages and that the trial judge properly considered the motion for a new trial. The court also held that under Arkansas law, a wife has no cause of action for loss of consortium due to negligent inju
• John L v. Pennington
  400 F.2d 806· 6th Cir.· 1968-09-11 ·cited 52×
  The court held that the District Court properly dismissed the Sherman Act claims for failure to prove a conspiracy with predatory intent, but remanded the state law claims for a determination of whether the correct standard of proof was applied.
• In re AIR Crash Disaster AT NEW Orleans v. PAN Am. World Airways
  795 F.2d 1230· 5th Cir.· 1986-08-06 ·cited 51×
  The court held that the evidence supporting the loss of inheritance damages was too speculative and that the general damage award was excessive, requiring a new trial.
• Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc.
  677 F.2d 1045· 5th Cir.· 1982-06-07 ·cited 51×
  The court held that Avondale's antitrust counterclaim was barred by the statute of limitations because the alleged tying arrangement's damages were ascertainable at the time the contract was executed, and subsequent events did not constitute new antitrust violations.
• Solomon v. Warren
  540 F.2d 777· 5th Cir.· 1976-10-15 ·cited 49×
  The dissenting judge argues that awards for presumed conscious pain and suffering before death and for lost future accumulations to the decedents' estates are based on speculation and constitute double recovery, contrary to Florida law.
• Grand Trunk W. R. Co. v. H. W. Nelson Co., Inc.
  116 F.2d 823· 6th Cir.· 1941-01-09 ·cited 49×
  The court held that there was substantial evidence of fraud and that the oral agreement for delay compensation was valid and enforceable, affirming the jury's verdict.
• McGRATH v. Zenith Radio Corp.
  651 F.2d 458· 7th Cir.· 1981-01-28 ·cited 48×
  The court held that the majority erred in finding a breach of contract, securities fraud, and common law fraud, and that punitive damages were improper.
• Hoffman v. Sterling Drug, Inc.
  485 F.2d 132· 3d Cir.· 1973-08-08 ·cited 48×
  The court held that the trial court did not err in submitting the issue of the Federal Food, Drug and Cosmetic Act violation to the jury, nor in its jury instructions regarding the duty to warn. However, the court found the jury's award for future lost earnings to be speculative
• Sleeman v. The Chesapeake & Ohio Ry. Co.
  414 F.2d 305· 6th Cir.· 1969-07-25 ·cited 45×
• Gresham v. Courson
  177 So. 2d 33· Fla. 1st DCA· 1965-06-15 ·cited 45×
  An 11-month-old child died from strangulation by a pacifier cord at a hospital-operated day nursery. In two consolidated negligence actions, the jury awarded $25,000 to the estate administrator and $100,000 to the father for wrongful death. The appellate court affirmed liability
• McGLINCHY v. Shell Chem. Co.
  845 F.2d 802· 9th Cir.· 1988-04-22 ·cited 44×
  The court held that the district court did not abuse its discretion in excluding expert testimony and denying leave to amend, and properly granted summary judgment and judgment on the pleadings due to the plaintiffs' failure to establish damages and antitrust injury.
• Silverman v. Travelers Ins. Co. & David A. Larson
  277 F.2d 257· 5th Cir.· 1960-04-04 ·cited 44×
  The court held that the trial judge did not abuse his discretion in denying a motion for a new trial based on the inadequacy of the jury's verdict in a wrongful death action, as the award was within the bounds of Louisiana law and supported by the evidence.
• Douglass Fertilizers & Chem., Inc. v. McCLUNG Landscaping, Inc.
  459 So. 2d 335· Fla. 5th DCA· 1984-10-18 ·cited 43×
  Lost profits are not recoverable when the claim is too remote and speculative, lacking a contractual basis for future business.
• McCALL v. Sherbill
  68 So. 2d 362· Fla.· 1953-09-04 ·cited 43×
  In a breach of contract suit for watermelon hauling services, the trial court granted a new trial solely on the issue of damages, finding the jury's $2,000 verdict unsupported by uncertain evidence. The Florida Supreme Court reversed, holding that damages need not be calculated w
• Landes Constr. Co., Inc. v. Royal Bank OF Canada
  833 F.2d 1365· 9th Cir.· 1987-12-09 ·cited 42×
  The court affirmed the jury's verdict and the district court's rulings, finding sufficient evidence for an oral contract and upholding the denial of post-trial motions.
• Perma Research & Dev. v. The Singer Co.
  542 F.2d 111· 2d Cir.· 1976-07-01 ·cited 42×
  The court held that Singer breached its contract by failing to use its best efforts to perfect and market the anti-skid device, and that the damages awarded were not speculative.