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

• C. H. Codding & Sons v. Armour & Co.
  404 F.2d 1· 10th Cir.· 1968-12-05 ·cited 42×
  The court held that Armour had no duty to supply semen for market sale, and that certain accounting issues required further findings, while reversing the denial of the calf crop loss claim.
• Acri v. Berg
  781 F.2d 1393· 9th Cir.· 1986-02-06 ·cited 41×
  The court holds that a union member must prove that had the strike continued, the employer would have acceded to the union's requests to establish liability.
• Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.
  772 F.2d 505· 9th Cir.· 1985-09-23 ·cited 40×
• Camilla Cotton OIL Co. & George M. Perry, Sr. v. Spencer Kellogg & Sons, Inc.
  257 F.2d 162· 5th Cir.· 1958-06-30 ·cited 40×
  The court held that the trial court erred in striking Camilla's Sixth Defense based on a mistaken understanding of substantive law and Mr. Perry's deposition, and that lost profits are too speculative to recover. The court affirmed the findings on usury and attorney's fees.
• Larson & Larson, P.A. v. TSE Indus., Inc.
  22 So. 3d 36· Fla.· 2009-11-05 ·cited 38×
  The Florida Supreme Court resolved a conflict between district courts regarding when the statute of limitations begins to run on legal malpractice claims in litigation. The court held that malpractice claims based on an underlying judgment accrue when that judgment becomes final,
• Sammie J. Rodgers v. Fisher Body Division
  739 F.2d 1102· 6th Cir.· 1984-07-13 ·cited 37×
  The court held that while liability was established, the jury's awards for compensatory and punitive damages were excessive due to inadequate guidance and speculative calculations, necessitating a new trial on damages.
• In re Multidistrict Vehicle AIR Pollution. AMF v. Gen. Motors Corp.
  591 F.2d 68· 9th Cir.· 1979-02-14 ·cited 36×
  The court held that AMF's antitrust action was barred by the four-year statute of limitations because its injury was final and ascertainable before the limitations period began.
• Dugas v. Nat'l Aircraft Corp.
  438 F.2d 1386· 3d Cir.· 1971-02-26 ·cited 36×
  The Death on the High Seas Act (DOHSA) does not preclude recovery under a state survival statute, and awards for future voluntary contributions under DOHSA must be supported by specific findings and evidence, not mere speculation.
• Depfer v. Walker
  125 Fla. 189· Fla.· 1935-09-12 ·cited 36×
  This case involves a personal injury lawsuit where a guest sued the owner of a car for injuries sustained in an accident. The appellate court reversed the lower court's judgment, finding the evidence insufficient to support the verdict and that the jury's award was based on specu
• Southaven Land Co., Inc. v. Malone & Hyde, Inc.
  715 F.2d 1079· 6th Cir.· 1983-08-23 ·cited 35×
  A party must be a direct participant or consumer in the relevant market, or suffer an injury inextricably intertwined with the market's injury, to have standing under Section 4 of the Clayton Act.
• Ingrid Croce v. Bromley Corp.
  623 F.2d 1084· 5th Cir.· 1980-08-14 ·cited 35×
  Mustang is liable for the actions of Roberts Airways based on estoppel, and the court reverses separate awards for mental anguish and loss of affection, remanding for a single award.
• Miami Beach Lerner Shops, Inc. v. Walco Mfg. OF Fla., Inc.
  106 So. 2d 233· Fla. 3d DCA· 1958-11-13 ·cited 35×·via Speculation And Conjecture In Damages
  Miami Beach Lerner Shops appealed a decree awarding damages for allegedly copying a beach coat design belonging to Walco Manufacturing. The court reversed in part, reducing actual damages from $2,014.50 to $266.50 because the higher award was based on speculation, but upheld puni
• Jackson Grain Co. v. Hoskins
  75 So. 2d 306· Fla.· 1954-05-25 ·cited 35×
  Jackson Grain Company appealed a jury verdict awarding a farmer $53,500 for receiving mislabeled tomato seed that produced a significantly smaller crop than represented. The Florida Supreme Court reversed the judgment due to irregularities in the jury's verdict calculation and ot
• S. Colonization Co. v. Derfler
  73 Fla. 924· Fla.· 1917-04-28 ·cited 35×
  Southern Colonization Company contracted to sell Derfler land with a condition precedent that the company would construct and operate a railroad within ten miles of the property by December 31, 1912. When the company failed to build the railroad, Derfler sought rescission of the
• LAW Off. OF David J. Stern, P.A. v. Sec. Nat'l Servicing Corp.
  969 So. 2d 962· Fla.· 2007-07-05 ·cited 34×
  The Florida Supreme Court held that Security National lacks standing to sue Stern for legal malpractice in a mortgage foreclosure case, rejecting both an attorney-client relationship theory and an assignment theory. The Court clarified that legal malpractice claims are generally
• LEE v. Joseph E. Seagram & Sons, Inc.
  552 F.2d 447· 2d Cir.· 1977-03-15 ·cited 34×
  The court held that the parol evidence rule did not bar proof of the oral agreement and that the agreement was not too vague to be enforceable, affirming the jury's verdict.
• NAT Harrison Assocs., Inc. v. Gulf States Utils. Co.
  491 F.2d 578· 5th Cir.· 1974-03-25 ·cited 34×
  The court held that the jury's award of damages for breach and acceleration was not supported by sufficient evidence, but affirmed the finding of liability and the award of attorneys' fees on the retainage.
• The Ansul Co. v. Uniroyal, Inc.
  448 F.2d 872· 2d Cir.· 1971-04-29 ·cited 34×
  The court denied Daly-Herring's petition for rehearing, finding its arguments regarding treble damages were either not sufficiently proven or not properly raised.
• Russell v. City OF Wildwood
  428 F.2d 1176· 3d Cir.· 1970-07-07 ·cited 34×
  The court held that the jury's award for future lost earnings was speculative because the jury was not provided with adequate guidance or evidence to calculate its present worth, requiring a new trial on damages.
• Cunningham v. Rederiet Vindeggen A/S and M/S Trolleggen
  333 F.2d 308· 2d Cir.· 1964-06-18 ·cited 34×
  The dissenting judge held that the trial court's calculation of future lost earnings based on net income after taxes was correct and should be affirmed.
• Beefy Trail, Inc. v. Beefy King Int'l, Inc.
  267 So. 2d 853· Fla. 4th DCA· 1972-10-18 ·cited 33×
  Beefy Trail, Inc. appealed a directed verdict in a breach of franchise contract action, seeking to recover the franchise purchase price, equipment costs, and organizational expenses. The court reversed and remanded, holding that plaintiff could pursue recovery under a restitution
• Hope v. Nat'l Airlines, Inc.
  99 So. 2d 244· Fla. 3d DCA· 1957-09-12 ·cited 33×
  Marshall Hope appealed the dismissal of his complaint alleging a permanent contract of employment with National Airlines. The court affirmed the dismissal, holding that the complaint failed to state a cause of action because the alleged contract was unilateral, lacked mutuality o
• BOB Willow Motors, Inc. v. Gen. Motors Corp.
  872 F.2d 788· 7th Cir.· 1989-04-24 ·cited 32×
  The court affirmed the judgment, holding that the unconscionable practices claim was properly before the jury, the statute applied to manufacturers, and the punitive damages award was harmless error.
• Himes v. Brown & Co. Sec. Corp.
  518 So. 2d 937· Fla. 3d DCA· 1987-12-29 ·cited 32×
  The court held that a plaintiff cannot recover speculative damages for lost profits, even if the defendant's advertising was false, if no actual damages were proximately caused.
• United States v. DeBLASIO Constr., Inc.
  588 F.2d 259· 9th Cir.· 1978-10-26 ·cited 32×
  The court held that damages for breach of contract should be limited to contract rates, not quantum meruit, and that prejudgment interest should be awarded on objectively determinable damages.
• Charlotte Telecasters, Inc. v. Jefferson-Pilot Corp.
  546 F.2d 570· 4th Cir.· 1976-12-10 ·cited 32×
  The court held that Telecasters' antitrust claim was barred by the statute of limitations because the last overt act occurred more than four years before the action was filed, and Telecasters failed to establish fraudulent concealment or that damages were unascertainable.
• Emmett Young v. Cobbs
  83 So. 2d 417· Fla.· 1955-10-26 ·cited 32×
  Young sued Cobbs for damages from an unlawful eviction after Cobbs locked the doors to a shopping center to force Young out of his leased beauty salon space. The trial court dismissed the case, but the Florida Supreme Court reversed, holding that Young could recover for permanent
• Orkin Exterminating Co. OF S. Fla., Inc. v. Truly Nolen, Inc.
  117 So. 2d 419· Fla. 3d DCA· 1960-01-25 ·cited 31×
  Orkin Exterminating Company appealed a chancery decree awarding Truly Nolen, Inc. compensatory and punitive damages for tortious interference with employment contracts. The Florida appellate court reversed the punitive damages award, holding that equity courts lack authority to a
• Aronowitz v. Health-Chem Corp.
  513 F.3d 1229· 11th Cir.· 2008-01-15 ·cited 30×
  Aronowitz and his entities sued Health-Chem for breach of two contracts: a 2002 joint venture agreement and a 2003 agreement that purportedly superseded it. The district court granted judgment as a matter of law in favor of Health-Chem on the 2002 breach claim, finding the 2003 c
• Contemporary Mission, Inc. v. Famous Music Corp.
  557 F.2d 918· 2d Cir.· 1977-05-18 ·cited 30×
  The court held that the notice provided did not comply with the contract's thirty-day cure period, and the trial court did not abuse its discretion in excluding certain evidence.
• Burlington N., Inc. v. Boxberger
  529 F.2d 284· 9th Cir.· 1975-11-26 ·cited 30×
  The court held that the trial court did not abuse its discretion in admitting the expert economist's testimony and that evidence of future income taxes should be admissible in FELA cases where the income is substantial enough for taxes to have a significant impact.
• Fla. Outdoor, Inc. v. Stewart
  318 So. 2d 414· Fla. 2d DCA· 1975-07-30 ·cited 30×
  This case involves an appeal concerning damages awarded for the destruction of an advertising billboard. The appellate court reversed the lower court's award of future lost profits, finding it too speculative.
• Deaktor v. FOX Grocery Co.
  475 F.2d 1112· 3d Cir.· 1973-03-27 ·cited 30×
  The court held that the plaintiffs' evidence regarding damages and causation for alleged antitrust violations was too speculative to be submitted to a jury, and that alleged accounting errors were immaterial under Rule 10b-5.
• Abc-Paramount Records, Inc. v. Topps Record Distrib. Co., Inc.
  374 F.2d 455· 5th Cir.· 1967-03-22 ·cited 30×
  The court held that the jury's award of compensatory damages was supported by sufficient evidence, but that the trial court erred in excluding the issue of punitive damages from the jury's consideration.
• Florists' Nationwide Tel. Delivery Network-America's Phone-Order Florists, Inc. v. Florists' Tel. Delivery Ass'n
  371 F.2d 263· 7th Cir.· 1967-01-03 ·cited 30×
  The court held that the trial court committed prejudicial error by refusing to instruct the jury on the defendant's theory of defense, requiring a new trial on the damages claim. The court also found that the denial of injunctive relief was improper as it was based on findings co
• F.H. Krear & Co. v. Nineteen Named Trustees
  810 F.2d 1250· 2d Cir.· 1987-01-20 ·cited 29×
  The court affirmed the damage awards for breach of contract but vacated the attorneys' fees award, remanding for a recalculation based on specific conditions.
• Title & Tr. Co. OF Fla. v. Parker
  468 So. 2d 520· Fla. 1st DCA· 1985-05-14 ·cited 29×
  Title & Trust Company of Florida appeals a judgment awarding the Parkers $175,000 in damages for breach of a title insurance commitment, while the Parkers cross-appeal claiming entitlement to the full policy face amount of $305,000. The court affirms, holding that the Parkers' ac
• Woods Exploration & Producing Co., Inc. v. Aluminum Co. OF Am.
  509 F.2d 784· 5th Cir.· 1975-03-13 ·cited 29×
  The court affirmed the district court's judgments, finding that prior rulings established the law of the case, evidence was sufficient, and damage calculations were not impermissibly speculative.
• State v. Honorable Norman Hendry
  159 Fla. 210· Fla.· 1947-06-24 ·cited 29×
  In a warranty and rental dispute over a dragline, the Florida Supreme Court affirmed the dismissal of the defendant's counterclaim insofar as it sought remote and speculative damages for livestock feed costs and cattle weight loss resulting from pasture flooding. The court held t
• Wynn v. Atl. Coast Line R.R. Co.
  66 Fla. 604· Fla.· 1914-01-10 ·cited 29×
  Wynn sued the Atlantic Coast Line Railroad for damages caused by a twelve-day delay in delivering fertilizer, which allegedly resulted in the total loss of his growing celery and lettuce crops. The Florida Supreme Court affirmed judgment for only $100 in damages, holding that whe
• Hybert v. The Hearst Corp.
  900 F.2d 1050· 7th Cir.· 1990-04-20 ·cited 28×
  The court affirmed the jury's verdict and damages award for wrongful discharge under the ADEA but remanded for recalculation of front pay due to speculative assumptions and inadequate consideration of liquidated damages.
• Waldorf v. Shuta
  896 F.2d 723· 3d Cir.· 1990-02-07 ·cited 28×
  The court held that the jury instructions regarding the burden of proof for dangerous condition liability were erroneous and required a new trial. The court also found that the Borough's failure to provide emergency signaling devices was not necessarily inconsistent with the find
• World OF Sleep, Inc. v. La-Z-Boy Chair Co.
  756 F.2d 1467· 10th Cir.· 1985-03-04 ·cited 28×
  The court held that a vertical conspiracy to maintain resale prices is illegal per se, and that sufficient evidence existed to send the Sherman Act claim against La-Z-Boy to the jury. However, insufficient evidence existed to support the claim against Montgomery Ward and Mauldin.
• Computer Sys. Eng'g, Inc. v. Qantel Corp.
  740 F.2d 59· 1st Cir.· 1984-07-11 ·cited 28×
  The court concurs with the majority opinion but raises concerns about jury prejudice from punitive damages evidence and the need for sua sponte judicial intervention in cases of improper argument.
• Taenzler v. Burlington Northern
  608 F.2d 796· 8th Cir.· 1979-12-19 ·cited 28×
  The court held that expert testimony on future wage increases is admissible in FELA cases, even if it indirectly considers inflation, as long as it is not overly speculative and the jury is properly instructed on present value.
• Johnson v. Serra
  521 F.2d 1289· 8th Cir.· 1975-06-30 ·cited 28×
  The court held that expert testimony projecting future inflation was too speculative for damage calculations, but the defendant's negligence was a proximate cause of the death despite the co-defendant's negligence. The court also held that contribution was not available due to wo
• Household Goods Carriers' Bureau v. Terrell
  452 F.2d 152· 5th Cir.· 1971-11-22 ·cited 28×
• PSG Co. v. Merrill Lynch
  417 F.2d 659· 9th Cir.· 1969-10-01 ·cited 28×
  The court held that the trial court properly directed a verdict for the defendant on the breach of contract claim due to speculative damages and did not err in removing the issue of punitive damages or denying the motion to amend the complaint.
• Citrus Cnty. v. McQUILLIN
  840 So. 2d 343· Fla. 5th DCA· 2003-02-21 ·cited 27×
  Citrus County appeals a jury verdict in a wrongful death case awarding $5.56 million (reduced by 80% for comparative negligence) to the estate of Deborah McQuillin, who died in a car accident. The court affirmed the liability and damages awards except for the $50,400 net accumula
• Airweld, Inc. v. Airco, Inc.
  742 F.2d 1184· 9th Cir.· 1984-09-17 ·cited 27×
  The court affirmed the district court's grant of judgment notwithstanding the verdict, finding insufficient evidence to support the jury's findings on tying arrangements, price discrimination, and attempt to monopolize.