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

• Ward v. Miami Lock & Hardware Co.
  119 So. 2d 395· Fla. 3d DCA· 1960-03-23 ·cited 13×
  Ward, the owner of real property, appealed a final decree in consolidated mechanics' and materialmen's lien foreclosure cases. The court affirmed the decree, holding that the failure of subcontractors and materialmen to file cautionary notices does not bar their lien claims, and
• Osteen v. State
  616 So. 2d 1215· Fla. 5th DCA· 1993-04-23 ·cited 12×
  Osteen and Skeen appealed restitution orders requiring them to pay a burglary victim $6,048.50, including $8,000 for lost business expenses. The court held that while restitution for stolen property is proper, restitution for loss of business expenses is not permitted because suc
• Nucor Corp. v. Neb. Pub. Power Dist.
  891 F.2d 1343· 8th Cir.· 1989-12-13 ·cited 12×
  The court held that damages are too speculative and not supported by Nebraska case law when a rate schedule is found unfair, unreasonable, and discriminatory, and that the appropriate remedy is to remand for a hearing to determine fair rates.
• Archer v. MacOmb Cnty. Bank
  853 F.2d 497· 6th Cir.· 1988-08-11 ·cited 12×
  The court held that while the bank willfully violated the automatic stay, the damages awarded were based on insufficient and speculative evidence, requiring a remand for a new damages hearing.
• Powers v. Nassau Dev. Corp.
  753 F.2d 457· 5th Cir.· 1985-02-22 ·cited 12×
  Summary judgment was improperly granted because a genuine issue of material fact exists regarding whether the filing of a state court suit by an assignee constituted an overt act in furtherance of an antitrust conspiracy, potentially tolling the statute of limitations.
• SCM Corp. v. Xerox Corp.
  599 F.2d 32· 2d Cir.· 1979-05-10 ·cited 12×
  The court remanded for clarification of the controlling question of law regarding the denial of damages for the 1969 exclusion claim.
• Scott v. Local Union 377
  548 F.2d 1244· 6th Cir.· 1977-01-26 ·cited 12×
  The court held that attorney fees incurred by a plaintiff in prosecuting a claim against their employer can be recovered as damages in a suit against the union for breach of its duty of fair representation, and that the Supreme Court's decision in Alyeska does not preclude such r
• Mitsui O. S. K. Lines v. Horton & Horton, Inc.
  480 F.2d 1104· 5th Cir.· 1973-06-21 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the motion to reopen for evidence that was cumulative, and that while repair damages were sufficiently proven, the award for operating costs was based on insufficient evidence.
• The Travelers Indem. Co. v. Peacock Constr. Co.
  423 F.2d 1153· 5th Cir.· 1970-02-27 ·cited 12×·via Speculation And Conjecture In Damages
  The court held that a surety claiming by subrogation cannot recover statutory attorney fees or interest when the litigation was necessitated by its principal's default and breach of contract.
• Standard OIL Co. v. Dunagan
  171 So. 2d 622· Fla. 3d DCA· 1965-02-16 ·cited 12×
  Standard Oil Company installed a defective gasoline storage tank on the Dunagans' property, causing gasoline to leak and contaminate their groundwater. The trial court granted summary judgment against Standard Oil on liability and awarded $65,000 in damages in a bench trial. The
• Hall v. Tex. & NEW Orleans RY. Co.
  307 F.2d 875· 5th Cir.· 1962-09-13 ·cited 12×
  The court held that the jury's award of $24,000.00 was not inadequate, and no prejudicial errors occurred that would warrant overturning the verdict.
• Putnam v. Lower
  236 F.2d 561· 9th Cir.· 1956-07-30 ·cited 12×
  The court held that while prospective profits from a fishing venture are too speculative for damages, expended amounts and a fair allowance for time and services rendered prior to wrongful discharge are recoverable and may be prioritized over a ship mortgage. Claims for fraud are
• Baumer v. Franklin Cnty. Distilling Co., Inc.
  135 F.2d 384· 6th Cir.· 1943-04-15 ·cited 12×
  The court held that the appellee breached the sales agency contract by selling its distillery and a key brand, and that while prospective profits were too speculative for recovery, the appellant was entitled to nominal damages.
• Halliburton Co. v. E. Cement Corp.
  672 So. 2d 844· Fla. 4th DCA· 1996-03-06 ·cited 11×
  In this second appeal, the Fourth District Court of Appeal affirmed liability for breach of warranty but reversed and remanded damages because the buyer's claimed lost profits from a speculative future business venture were too remote and speculative under causation principles, d
• Am. Med. Imaging Corp. v. ST. Paul Fire & Marine Ins. Co.
  949 F.2d 690· 3d Cir.· 1991-11-26 ·cited 11×
  The court held that the trial court erred in granting summary judgment because there were genuine disputes of material fact regarding whether the business interruption was a 'necessary or potential suspension' and whether the plaintiff's evidence of lost earnings was too speculat
• Coal Resources v. Gulf & W. Indus., Inc.
  865 F.2d 761· 6th Cir.· 1989-01-13 ·cited 11×
  The court held that the majority erred in excluding expert testimony as speculative, as the expert's reliance on data was reasonable under Fed. R. Evid. 703, and credibility is for the jury.
• Jehan Zeb MIR, M.D. v. Little Co. OF Mary Hosp.
  844 F.2d 646· 9th Cir.· 1988-04-13 ·cited 11×
  The court held that the plaintiff's federal antitrust claim was barred by the statute of limitations, state claims were barred by failure to obtain a writ of mandate, civil rights claims were barred by res judicata, and sanctions were appropriate.
• Shatkin v. McDonnell Douglas Corp. & Am. Airlines, Inc.
  727 F.2d 202· 2d Cir.· 1984-01-26 ·cited 11×
  The court held that the award for pre-impact pain and suffering must be reversed due to insufficient evidence that the decedent was aware of the impending disaster, but affirmed the awards for loss of services and financial support.
• United States v. Merrill Karlen
  645 F.2d 635· 8th Cir.· 1981-04-09 ·cited 11×
  The court held that collateral estoppel was properly applied to prevent relitigation of lease interpretation issues decided in an administrative proceeding, and that discovery limitations were appropriate.
• Dade Cnty. v. O. K. Auto Parts OF Miami, Inc.
  360 So. 2d 441· Fla. 3d DCA· 1978-06-20 ·cited 11×
  Dade County appealed a judgment awarding O.K. Auto Parts $90,817 plus interest for breach of a contract guarantee provision. The court reversed, finding the damages speculative and unsupported by competent evidence, and held that O.K. waived its right to claim breach of the guara
• Kheel v. The Port OF NEW York Auth.
  457 F.2d 46· 2d Cir.· 1972-03-24 ·cited 11×
  The court held that the plaintiffs failed to demonstrate the requisite $10,000 in controversy for federal jurisdiction under 28 U.S.C. § 1331.
• Gilliland v. Mercantile Inv. & Holding Co.
  147 Fla. 613· Fla.· 1941-07-01 ·cited 11×
  In this breach of contract action, the Florida Supreme Court affirmed a directed verdict for the defendant, holding that a plaintiff claiming anticipatory breach must prove actual damages with the same degree of proof as if the breach had already occurred, and cannot recover base
• Gonzalez v. Barrenechea
  170 So. 3d 13· Fla. 3d DCA· 2015-04-29 ·cited 10×
  A homeowner sued his designer for negligent design of an air conditioning system that prevented him from moving into his newly constructed home for 20 months during repairs. The trial court awarded direct damages for the repair costs but denied loss of use damages as too speculat
• Stephens v. The C.I.T. Group/Equipment Fin., Inc.
  955 F.2d 1023· 5th Cir.· 1992-03-23 ·cited 10×
  The court held that the jury's finding of constructive discharge was supported by substantial evidence, but the damages award was excessive as a matter of law due to the failure to offset interim earnings.
• Wharfside TWO, Ltd. v. W.W. GAY Mech. Contractor, Inc.
  523 So. 2d 193· Fla. 1st DCA· 1988-04-12 ·cited 10×
  Wharfside, a new hotel venture, sued its general contractor Chanen and subcontractor Gay over water system defects (odor and leaks) that allegedly caused lost profits. The trial court excluded expert testimony on lost profits as too speculative for a new business, but the jury re
• E. Auto Distribs., Inc. v. Peugeot Motors OF Am., Inc.
  795 F.2d 329· 4th Cir.· 1986-06-25 ·cited 10×
  The court affirmed the district court's exclusion of expert testimony and JNOV on the vehicle shortages claim, but affirmed the jury's verdict on the Delaware territory breach of contract claim.
• Smith v. Indus. Constructors, Inc.
  783 F.2d 1249· 5th Cir.· 1986-03-03 ·cited 10×
  The court held that prejudgment interest was not warranted on estimated lost earnings and that deducting estimated income taxes from future lost earnings awards is consistent with Mississippi law.
• Rice v. LEE
  477 So. 2d 1009· Fla. 1st DCA· 1985-07-02 ·cited 10×
  In this negligence action involving a school board employee, the court affirmed the trial judge's grant of a new trial based on seven specific errors that deprived defendants of a fair trial, and reversed the denial of a motion to limit judgment against the individual employee de
• Cashman v. Allied Prods. Corp.
  761 F.2d 1250· 8th Cir.· 1985-05-15 ·cited 10×
  The court held that the jury's award of lost profits was supported by sufficient evidence and that the district court properly admitted expert testimony regarding those profits. The court also affirmed the denial of prejudgment interest and lost officers' salaries.
• Moore v. Boating Indus. Ass'ns
  754 F.2d 698· 7th Cir.· 1985-01-30 ·cited 10×
  The court affirmed the jury verdict, finding that the trade associations' arbitrary denial of certification for the plaintiffs' product, without due process, constituted an unreasonable restraint of trade under the Sherman Act.
• Ohio-Sealy Mattress Mfg. Co. v. Kaplan
  745 F.2d 441· 7th Cir.· 1984-09-21 ·cited 10×
  The court held that the accrual of future damages resulting from acquisitions and plant location denials was speculative at the time of the initial trial, thus not barred by res judicata in a subsequent suit. However, the court also found that the claim for an injunction against
• Republic Nat'l Life Ins. Co. v. RED Lion Homes, Inc.
  704 F.2d 484· 10th Cir.· 1983-03-21 ·cited 10×
  The court held that the trial court did not err in finding Republic breached the contract, that time was of the essence, and that lost profits were a proper measure of damages supported by sufficient evidence.
• J & J Farms, Inc. v. Cargill, Inc.
  693 F.2d 830· 8th Cir.· 1982-12-03 ·cited 10×
  The court held that the district court properly set aside the jury's award of punitive damages but erred in awarding $50,603 in consequential damages.
• A. O. Smith Harvestore Prods., Inc. v. Suber Cattle Co.
  416 So. 2d 1176· Fla. 1st DCA· 1982-06-18 ·cited 10×
  Harvestore, a manufacturer of specialized feed silos, appealed a jury verdict finding it negligent and in breach of warranty after a fire destroyed a customer's feed mill. The court affirmed the negligence verdict but reversed the trial court's denial of prejudgment interest to t
• MA v. The Cmty. Bank
  686 F.2d 459· 7th Cir.· 1982-06-08 ·cited 10×
  The court held that the plaintiff was entitled to consequential damages in the form of a higher interest rate on the principal funds wrongfully withheld, but not for other speculative losses or attorneys' fees under Wisconsin law.
• Berns v. PAN Am. World Airways, Inc.
  667 F.2d 826· 9th Cir.· 1982-02-08 ·cited 10×
  The court held that the trial court did not err in its rulings regarding loss of inheritance, prejudgment interest, jury instructions, or the denial of a new trial motion, and affirmed the award of costs to the plaintiffs.
• Rich v. NEW York Stock Exch.
  522 F.2d 153· 2d Cir.· 1975-07-08 ·cited 10×
  The dissent would affirm the district court's dismissal of the complaint.
• Schein v. Chasen
  313 So. 2d 739· Fla.· 1975-03-13 ·cited 10×
  The Florida Supreme Court addressed whether investors and stockbrokers who trade on inside information received through a corporate officer can be held liable in a shareholder derivative suit under Florida law. The court held that such parties cannot be liable absent actual damag
• Catalina, Inc. v. Biscayne Ne. Corp. OF Fla.
  296 So. 2d 580· Fla. 3d DCA· 1974-06-25 ·cited 10×
  Catalina, a tenant, vacated leased office space before the lease term expired and offered a sublease to its landlord at a higher rent, which the landlord rejected. The landlord then re-rented the space at an increased rate. The court addressed whether the landlord's rejection of
• Arvid Halvorsen v. Dunlap
  495 F.2d 817· 8th Cir.· 1974-04-29 ·cited 10×·via Speculation And Conjecture In Damages
  The court held that under South Dakota law, the "pecuniary injury" in a wrongful death action can include the loss of the decedent's advice, comfort, assistance, and protection, and that evidence of the decedent's plans for a resort was admissible to show potential pecuniary loss
• Superwood Corp. v. Larson-Stang, Inc.
  311 F.2d 735· 8th Cir.· 1963-01-07 ·cited 10×
  The court held that the evidence was insufficient to support the jury's awards for lost profits and damage to business reputation, as these damages were too speculative and uncertain. However, the court found sufficient evidence for a breach of warranty claim and remanded for a n
• Gen. Fin. Corp. v. Dillon
  172 F.2d 924· 10th Cir.· 1949-02-02 ·cited 10×
  The court held that the contract required the defendant to diligently develop and market the plaintiff's pipe coupling devices, and that the defendant's failure to do so constituted a breach for which damages were properly awarded.
• McDERMOTT v. Middle E. Carpet Co.
  811 F.2d 1422· 11th Cir.· 1987-03-06 ·cited 9×
  The court held that lost profits were not too speculative, but modified the interest award and reversed the award for loss of investment return on raw materials, finding it constituted double recovery.
• Petrulli v. Approved DRY Wall Constr., Inc.
  284 So. 2d 27· Fla. 3d DCA· 1973-10-02 ·cited 9×
  A contractor may not recover damages for lost future profits on an anticipatory breach of a cost-plus construction contract when the record does not establish with reasonable certainty how many units the breaching party was obligated to construct.
• Sheldon v. Tiernan
  200 So. 2d 183· Fla.· 1967-06-07 ·cited 9×
• Tolin Mfg. Corp. v. ROY Feiner Handbags, Inc.
  173 So. 2d 714· Fla. 3d DCA· 1965-03-30 ·cited 9×
  The appellate court reversed a jury verdict in a breach of contract case, finding that the evidence of damages presented by the plaintiff was too speculative to support the award. The court remanded the case for a new trial solely on the issue of damages.
• River Bridge Corp. & River Bridge Realty Corp. v. Am. Somax Ventures
  18 So. 3d 648· Fla. 4th DCA· 2009-08-19 ·cited 8×
  River Bridge Realty Corporation appeals a jury verdict awarding American Somax Ventures $8.5 million in damages for breach of contract involving failure to construct amenities, market property, and honor a right of first refusal. The court affirms damages for amenities and market
• Dominique Rader v. Allstate Ins. Co.
  789 So. 2d 1045· Fla. 4th DCA· 2001-06-06 ·cited 8×
  Dominique Rader sought certiorari review of a circuit court's affirmance of dismissal of her complaint for personal injury protection (PIP) benefits against Allstate Insurance Company. The Fourth District Court of Appeal denied the petition, holding that Rader failed to allege ac
• Schimpf v. Mathias Reger and Rosa Reger
  691 So. 2d 579· Fla. 2d DCA· 1997-04-11 ·cited 8×
  In a breach of contract action, the jury awarded damages of $189,594 to the Regers, including $32,760 labeled as "Return on principal due and unpaid." The appellate court affirmed the judgment except for the $32,760 award, which it found lacked evidentiary support, and remanded f
• Diduck v. Kaszycki & Sons Contractors, Inc.
  974 F.2d 270· 2d Cir.· 1992-08-31 ·cited 8×
  A union trustee breached his fiduciary duty under ERISA § 404 by failing to report Polish workers and obtain contributions for them during the period when union workers were present at the site, and this breach involved fraud, satisfying the statute of limitations requirement und