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

• Osofsky v. Zipf
  645 F.2d 107· 2d Cir.· 1981-03-19 ·cited 19×
  Shareholders who cede control due to misrepresentations about merger consideration can recover benefit-of-the-bargain damages under the Securities Exchange Act of 1934, not just out-of-pocket losses.
• Classic Bowl, Inc. v. A M F Pinspotters, Inc.
  403 F.2d 463· 7th Cir.· 1968-11-13 ·cited 19×
  The court held that the plaintiff failed to establish fraud in the inducement or breach of warranty due to insufficient evidence of misrepresentation and damages.
• Henrion v. NEW ERA Realty IV, Inc.
  586 So. 2d 1295· Fla. 4th DCA· 1991-10-02 ·cited 18×
  This case involves a real estate broker's professional negligence in listing a property for sale. The jury found the broker 30% negligent and awarded damages of $345,000, but the trial court granted a new trial post-verdict and allowed the plaintiffs to amend their complaint to p
• Transpower Constructors v. Grand River DAM Auth.
  905 F.2d 1413· 10th Cir.· 1990-06-15 ·cited 18×
  The court affirmed the trial court's rulings, holding that the jury's damage award was not speculative, the contract did not bar Transpower's claims, and the indemnity clause did not shield Benham from liability for its own negligence absent a clear showing of intent.
• Gesco, Inc. v. Edward L. Nezelek, Inc.
  414 So. 2d 535· Fla. 4th DCA· 1982-04-14 ·cited 18×
  In this construction contract and mechanic's lien dispute, the trial court ruled in favor of contractor Nezelek against developer Gesco, finding Gesco responsible for construction delays and awarding Nezelek full recovery on a transfer bond. On appeal, the court affirmed the vali
• Stevens Linen Assocs., Inc. v. Mastercraft Corp.
  656 F.2d 11· 2d Cir.· 1981-07-22 ·cited 18×
  The court held that the district court erred in denying compensatory damages for copyright infringement, as some degree of speculation is inherent in calculating lost sales, and remanded for computation of damages.
• Cargill v. Taylor Towing Serv., Inc.
  642 F.2d 239· 8th Cir.· 1981-03-03 ·cited 18×
  The court held that the district court did not err in denying lost profits due to speculative evidence, but did err in denying prejudgment interest without finding exceptional circumstances.
• Kalavity v. United States
  584 F.2d 809· 6th Cir.· 1978-10-10 ·cited 18×
  The court held that neither a plaintiff's remarriage nor potential income taxes on the decedent's future earnings should be deducted when calculating wrongful death damages under the Federal Tort Claims Act in Ohio.
• Webb v. Utah Tour Brokers Ass'n
  568 F.2d 670· 10th Cir.· 1977-12-27 ·cited 18×
  A concerted effort by tour brokers to boycott potential competitors by refusing to deal with them unless they accept restrictive conditions constitutes a per se violation of antitrust laws, and damages for actual losses are recoverable, but projected lost profits are not recovera
• Myrick v. Miller
  256 So. 2d 255· Fla. 3d DCA· 1971-12-07 ·cited 18×
  This case involves a dispute over fees and damages arising from a real estate development contract. The appellate court affirmed the award of attorney fees to the plaintiffs and intervenor but reversed the damages awarded to the contractor, finding them to be speculative.
• Winckler & Smith Citrus Prods. Co. v. Sunkist Growers, Inc.
  346 F.2d 1012· 9th Cir.· 1965-06-04 ·cited 18×
  The court held that the district court's finding that the plaintiff could not prove damages or causation was not clearly erroneous, thus the stay of proceedings and subsequent dismissal were proper.
• Mountain States Tel. & Tel. Co., Inc. v. Hinchcliffe
  204 F.2d 381· 10th Cir.· 1953-05-12 ·cited 18×·via Speculation And Conjecture In Damages
  A telephone company's negligent failure to provide adequate service resulting in actual pecuniary loss allows recovery for inconvenience and business interference, and loss of profits can be awarded if supported by the best available evidence, even if approximate.
• Telluride Power Co. v. Williams
  164 F.2d 685· 10th Cir.· 1947-12-02 ·cited 18×
  The court held that the trial court erred in failing to give a specific jury instruction regarding the timing of damages for delayed reinstallation of transformers.
• Miller v. United States
  137 F.2d 592· 3d Cir.· 1943-08-13 ·cited 18×
  The court held that a jury verdict in a condemnation case, supported by substantial evidence and approved by the trial court, is conclusive on appeal, even if arguably against the weight of the evidence. Speculative claims, like a "mental hazard" from a dam, are not compensable d
• Whitney v. Citibank, N.A.
  782 F.2d 1106· 2d Cir.· 1986-01-23 ·cited 17×
  Citibank knowingly induced and participated in a breach of fiduciary duty by URO partners, making it liable for damages.
• Westbrook v. Bacskai
  103 So. 2d 241· Fla. 3d DCA· 1958-06-05 ·cited 17×
  The court held that the trial judge did not err in withdrawing the issue of permanent injury damages from the jury because the plaintiff failed to present sufficient evidence to establish a reasonable probability of permanent injury proximately resulting from the accident.
• Taxinet Corp. v. Leon
  114 F.4th 1212· 11th Cir.· 2024-08-19 ·cited 16×
  Taxinet Corporation sued Santiago Leon for unjust enrichment arising from a failed joint venture to develop a taxi-hailing app in Mexico City, and a jury awarded Taxinet $300 million in damages. The Eleventh Circuit affirmed the district court's order granting Leon's motion for j
• Alvarez v. ALL Star Boxing, Inc.
  258 So. 3d 508· Fla. 3d DCA· 2018-09-12 ·cited 16×
  Saul Alvarez appeals a jury verdict awarding All Star Boxing $8.5 million for unjust enrichment. The court reverses, holding that the damages award was not supported by substantial competent evidence because the expert's calculations were based on speculative assumptions and the
• Joerg v. State Farm Mut. Auto. Ins. Co.
  176 So. 3d 1247· Fla.· 2015-10-15 ·cited 16×
  The Florida Supreme Court receded from its prior decision in Florida Physician's Insurance Reciprocal v. Stanley, holding that evidence of future Medicare and Medicaid benefits is inadmissible under the collateral source rule because such benefits constitute a liability due to Me
• Bill Branch Chevrolet, Inc. v. Philip L. Burnett, P.A.
  555 So. 2d 455· Fla. 2d DCA· 1990-01-19 ·cited 16×
  Bill Branch Chevrolet sued its former attorney for legal malpractice based on alleged inadequate preparation in a litigation matter that settled before trial. The trial court dismissed the malpractice claim, concluding that settlement of the underlying case precluded any malpract
• Proteus Books Ltd. v. Cherry Lane Music Co.
  873 F.2d 502· 2d Cir.· 1989-03-27 ·cited 16×
  The court held that the district court erred in granting judgment notwithstanding the verdict on the breach of contract claim for failure to exercise due professional skill and competence, but that the jury's damage award on that claim was speculative and vacated. The court also
• Corbett v. Dade Cnty. Bd. OF Pub. Instruction
  372 So. 2d 971· Fla. 3d DCA· 1979-06-26 ·cited 16×
  A minor plaintiff appealed from a jury verdict awarding $5,000 in damages for injuries sustained during a sexual assault at school. The Florida appellate court reversed because the trial judge erroneously refused to instruct the jury on the plaintiff's right to recover for future
• Clissold v. ST. Louis-San Francisco Ry. Co.
  600 F.2d 35· 6th Cir.· 1979-06-07 ·cited 16×
  The court held that certain damage awards were excessive and speculative, requiring modification to reflect present value and reasonable certainty, while affirming the overall judgment as modified.
• Randall v. Goldmark
  495 F.2d 356· 1st Cir.· 1974-04-18 ·cited 16×
  The court held that mortgage payments made by an estranged husband directly to a mortgagee constitute a 'currently available resource' that a state agency can consider when determining AFDC shelter allowances.
• United States v. Glanat Realty Corp. & E. Suffolk Concrete & Asphalt Corp.
  276 F.2d 264· 2d Cir.· 1960-03-15 ·cited 16×
  The court held that compensation for condemned land includes the value of materials removed, as part of the overall decrease in land value, and that appellate courts are limited in reviewing factual findings on land valuation.
• United States v. Adolph G. Sutro
  235 F.2d 499· 9th Cir.· 1956-05-07 ·cited 16×
  The court held that damages for increased construction costs of certain contemplated facilities were properly awarded as a direct consequence of the government's negligence, but damages for other items, including a residence and irrigation system, were denied as speculative or re
• Bagwell v. Susman
  165 F.2d 412· 6th Cir.· 1947-12-15 ·cited 16×
  The court held that the buyer's return of some defective goods did not constitute a rescission of the contract, allowing them to sue for damages for breach of warranty. The court also found that the alleged trade custom and illegality defenses were not sufficiently proven or plea
• Cline v. Tampa Water Works Co.
  46 Fla. 459· Fla.· 1903-06-01 ·cited 16×
  This case concerns a plaintiff suing for damages related to an improperly issued injunction. The appellate court reversed the lower court's decision, finding that sustaining a demurrer on a single item of damages was improper practice when other damages were potentially recoverab
• Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc.
  74 So. 3d 506· Fla. 4th DCA· 2011-10-05 ·cited 15×
  In this commercial dispute, the Florida Fourth District Court of Appeal reversed a jury verdict awarding $6.75 million to Firstate Insurance on tortious interference and defamation counterclaims, finding that Firstate failed to present admissible evidence of damages on the tortio
• Levitt-Ansca Towne Park P'ship v. Smith & Co., Inc.
  873 So. 2d 392· Fla. 4th DCA· 2004-04-14 ·cited 15×
  The court held that the jury's damage award was impermissibly speculative and included improperly calculated damages, requiring a new trial on damages.
• Cruden v. The Bank OF NEW York
  957 F.2d 961· 2d Cir.· 1992-01-06 ·cited 15×
  The court held that the statute of limitations for claims against Indenture Trustees did not begin to run until the debenture payment default occurred, as no remedy was available to plaintiffs before that time. It also found that the Trustees' reliance on counsel opinions was a v
• Green v. USX Corp.
  843 F.2d 1511· 3d Cir.· 1988-03-29 ·cited 15×
  The court held that the district court abused its discretion in denying class front pay, and should have awarded mitigated wages for two years.
• The LaVAY Corp. v. Dominion Fed. Sav. & Loan Ass'n
  830 F.2d 522· 4th Cir.· 1987-10-02 ·cited 15×
  The court held that Virginia's one-year statute of limitations bars the claim for punitive damages based on tortious acts, and that expert witness fees are not recoverable beyond statutory limits. It also vacated the denial of Rule 11 sanctions and deposition costs for further co
• Taylor Imported Motors, Inc. v. Smiley
  143 So. 2d 66· Fla. 2d DCA· 1962-06-29 ·cited 15×
  Taylor Imported Motors sued for lost profits from the inability to complete an automobile sale after defendants negligently damaged a unique 1960 Mercedes-Benz. The appellate court affirmed dismissal, holding that lost profits are too remote a consequence of the tortious damage t
• Alpha Data Corp. v. HX5, L.L.C.
  139 So. 3d 907· Fla. 1st DCA· 2013-10-18 ·cited 14×
  Summary judgment was properly entered on the Mentor-Protégé Agreement claim under the Statute of Frauds because the unsigned three-year agreement could not be enforced without a writing. However, genuine issues of material fact remained on the breach of contract, fraud, promissor
• Jones v. Law Firm of Hill & Ponton
  141 F. Supp. 2d 1349· M.D. Fla.· 2001-03-26 ·cited 14×
  The court held that it lacked subject matter jurisdiction because the plaintiff's domicile was previously determined in a related case, and the plaintiff failed to allege facts showing redressable harm for his legal malpractice claims.
• Messer v. E.F. Hutton & Co.
  833 F.2d 909· 11th Cir.· 1987-12-07 ·cited 14×
  The court held that the plaintiff could not recover under Rule 10b-5 because he failed to prove loss causation, and that the Commodity Exchange Act claim also failed for the same reason.
• Everard W. Marks, III v. PAN Am. World Airways, Inc.
  785 F.2d 539· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the trial court did not err in striking the award for loss of inheritance due to speculative evidence and affirmed the other awards and prejudgment interest.
• Ward v. H. B. Zachry Const. Co.
  570 F.2d 892· 10th Cir.· 1978-01-06 ·cited 14×
  The court held that a plaintiff's testimony regarding damage from blasting is sufficient to establish causality, even against expert testimony, and that a jury's award of damages is permissible if based on reasonable inference, not mere speculation.
• Battista v. Lebanon Trotting Ass'n
  538 F.2d 111· 6th Cir.· 1976-06-29 ·cited 14×
  A partner cannot be held individually liable for tortiously inducing a breach of a contract entered into by the partnership, as such a claim is merely a breach of contract claim. However, the partnership itself can be liable for breach of contract.
• Touchette v. Bould
  324 So. 2d 707· Fla. 4th DCA· 1975-12-26 ·cited 14×
  In this consolidated wrongful death and survivorship action arising from a fatal vehicle collision, the Fourth District Court of Appeal reversed jury verdicts awarding $100,000 in wrongful death damages and $65,000 in survivorship compensatory damages, finding both awards grossly
• The Poster Exch., Inc. v. Nat'l Screen Serv. Corp.
  456 F.2d 662· 5th Cir.· 1972-03-07 ·cited 14×
  The court held that summary judgment for the producers was improperly granted, vacating the judgment and remanding for further proceedings, particularly regarding the statute of limitations and collateral estoppel.
• Howard v. Bradshaw & Ona Bradshaw v. United States
  443 F.2d 759· D.C. Cir.· 1971-02-11 ·cited 14×
  The District Disability Act does not preclude a District of Columbia police officer from suing the United States under the Federal Tort Claims Act for injuries caused by a federal employee's negligence. However, the collateral source rule does not apply to medical expenses paid b
• Casey v. Fla. Power Corp.
  157 So. 2d 168· Fla. 2d DCA· 1963-09-13 ·cited 14×
  In an eminent domain case involving the condemnation of a 14.5-acre easement for a high-voltage transmission line, the court held that evidence of depreciation to adjacent property based on fear of the towers and lines, or their general unsightliness, is too speculative to suppor
• United States v. Huff
  175 F.2d 678· 5th Cir.· 1949-06-29 ·cited 14×
  The court held that damages for lost livestock were speculative and unrecoverable, but damages for fence destruction and repair were properly awarded.
• Seminole Cnty. v. Faye R. Chandrinos
  816 So. 2d 1241· Fla. 5th DCA· 2002-05-31 ·cited 13×
  Seminole County appeals a trial court's award of expert witness fees to Zook, Moore & Associates and Morris Engineering in an eminent domain proceeding involving property taken from Upsala Presbyterian Church. The Fifth District Court of Appeal reverses and remands, finding that
• Broward Cmty. Coll. v. Schwartz
  616 So. 2d 1040· Fla. 4th DCA· 1993-03-17 ·cited 13×
  A jury awarded parents of a child injured in a college library accident $60,000 in future medical expenses (present value $30,000). The appellate court reversed, holding that the medical evidence was insufficient to support an award exceeding $300, as the treating physicians coul
• Antun Invs. Corp. v. Ergas
  549 So. 2d 706· Fla. 3d DCA· 1989-09-19 ·cited 13×
  Antun Investments Corporation appeals a judgment against it in a nuisance action brought by owners of the adjacent Royal Palm Hotel. The trial court awarded damages for lost profits, out-of-pocket remediation costs, and future prospective damages. The appellate court affirms the
• Lucas Truck Serv. Co. v. Hargrove
  443 So. 2d 260· Fla. 1st DCA· 1983-12-20 ·cited 13×
  Lucas Truck Service Company appeals a judgment awarding Hargrove $8,327.75 in damages for disputes arising from truck repair services. The court affirms liability under the Florida Motor Vehicle Repair Act but reverses the damages award, finding the lost profits component too spe
• Allied Chem. Corp. v. Eubanks Indus., Inc.
  155 So. 2d 740· Fla. 3d DCA· 1963-08-20 ·cited 13×
  Allied Chemical appeals an order granting a new trial in a breach of warranty case. The trial court granted a new trial based on inadequacy of damages, reasoning that it had wrongly struck allegations of loss of reputation from the complaint, which it determined was recoverable a