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

• McGHEE v. Arabian Am. OIL Co.
  871 F.2d 1412· 9th Cir.· 1989-03-27 ·cited 8×
  The court held that the jury's verdict for the plaintiffs on the contract claim was supported by substantial evidence, reversing the judgment notwithstanding the verdict. The court affirmed the grant of summary judgment for the defendant on the tort claims.
• Chang v. The United States
  859 F.2d 893· Fed. Cir.· 1988-10-13 ·cited 8×
  The court held that the plaintiffs' loss of employment contracts due to U.S. economic sanctions against Libya did not constitute a compensable taking under the Fifth Amendment.
• Argus Inc. & Interphoto Corp. v. Eastman Kodak Co.
  801 F.2d 38· 2d Cir.· 1986-09-08 ·cited 8×
  The court held that the plaintiffs failed to present a triable issue of fact on the element of causation for the damages claimed, specifically that Kodak's actions caused the destruction of their businesses.
• Cincinnati Fluid Power, Inc. v. Rexnord, Inc.
  797 F.2d 1386· 6th Cir.· 1986-08-06 ·cited 8×
  The court held that the trial court erred by refusing to instruct the jury on the issue of conditional promises and by admitting hearsay evidence to calculate damages.
• Hank Williams, Jr. v. Hardy
  468 So. 2d 429· Fla. 5th DCA· 1985-05-02 ·cited 8×
  Hank Williams, Jr. breached a contract to perform at an outdoor concert, and the trial court awarded the promoter $98,606 in damages. The appellate court affirmed the judgment, rejecting Williams's arguments that an arbitration clause should have been enforced and that damages we
• Cont'l Sand & Gravel, Inc. v. K & K Sand & Gravel, Inc.
  755 F.2d 87· 7th Cir.· 1985-02-01 ·cited 8×
  The court held that the defendants breached express warranties regarding the condition of mobile equipment and that the measure of damages was the cost of repairs, not limited by the purchase price. The court also affirmed the judgment on the counterclaim for the consulting agree
• Katch v. Speidel
  746 F.2d 1136· 6th Cir.· 1984-10-17 ·cited 8×
  The court held that the jury's damage award was excessive due to an inadequate instruction on the duty to mitigate damages, and that the remittitur did not sufficiently cure this error.
• Am. Nat'l Bank & Tr. Co. OF Chicago v. K-Mart Corp.
  717 F.2d 394· 7th Cir.· 1983-09-13 ·cited 8×
  The court held that a tenant's claim for damages based on diminution of rental value due to a landlord's breach of a repair covenant is not contingent on evidence of actual subleasing. The exclusion of expert testimony on this issue was reversible error.
• Interstate Cigar Co., Inc. v. Sterling Drug Inc.
  655 F.2d 29· 2d Cir.· 1981-07-21 ·cited 8×
  The court affirmed the dismissal of price discrimination and breach of contract claims, as well as sanctions, due to insufficient evidence of injury and speculative damages.
• Vigano v. Wylain, Inc.
  633 F.2d 522· 8th Cir.· 1980-10-31 ·cited 8×
  The court held that distributorship agreements are not covered by the UCC Statute of Frauds and that claims for lost future profits are too speculative to be recoverable.
• Kirkland v. Arkansas-Best Freight Sys., Inc.
  629 F.2d 538· 8th Cir.· 1980-08-25 ·cited 8×
  The court held that while the procedural defects in the Change of Operations committee's approval process were grounds for finding a violation of the collective bargaining agreements, the plaintiffs failed to prove that these specific defects proximately caused their alleged dama
• Roundhouse v. Owens-Illinois, Inc.
  604 F.2d 990· 6th Cir.· 1979-08-16 ·cited 8×
  The court held that payments from a third party to a victim are generally subject to the collateral source rule, and a defendant cannot benefit from such payments. The court also affirmed that claims for lost goodwill are often too speculative to be recoverable.
• The Kissell Co. v. Forrest Gressley and Emily Gressley
  591 F.2d 47· 9th Cir.· 1979-01-25 ·cited 8×
  The court held that lost profits were not too speculative for damages and that a savings clause does not shield a lender from usury charges when the usurious rate resulted from the lender's own wrongful conduct.
• Hershel Rich v. Eastman Kodak Co.
  583 F.2d 435· 8th Cir.· 1978-12-06 ·cited 8×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding damages, either through lost profits or diminution in business value.
• Am. AIR Filter Co., Inc. v. Michael J. McNICHOL c/o John F. Scanlan, Inc.
  527 F.2d 1297· 3d Cir.· 1975-12-16 ·cited 8×
  The court held that the plaintiff failed to establish a reasonably fair basis for calculating damages, thus affirming the trial court's judgment.
• Alover Distribs., Inc. v. The Kroger Co.
  513 F.2d 1137· 7th Cir.· 1975-04-15 ·cited 8×
  The court held that the jury's finding that Kroger breached the contract first was supported by substantial evidence, but the damages awarded were excessive and not supported by the evidence.
• Safe-T-Lawn, Inc. v. Agric. Eng'g Ass'n
  235 So. 2d 25· Fla. 3d DCA· 1970-05-05 ·cited 8×·via Speculation And Conjecture In Damages
  Safe-T-Lawn appealed a judgment in favor of Agricultural Engineering Association on a counterclaim for breach of an oral agreement to reimburse repair costs for defective units. The court affirmed damages for 820 defective units but reversed and remanded for a new trial on damage
• Trapp v. 4-10 Inv. Corp.
  424 F.2d 1261· 8th Cir.· 1970-04-09 ·cited 8×
  The court held that North Dakota law applied under the 'significant contacts' rule, and that there was sufficient evidence and proper jury instructions to support the verdicts, affirming the judgments.
• Coverdell v. Mid-South Farm Equip. Ass'n, Inc.
  335 F.2d 9· 6th Cir.· 1964-06-26 ·cited 8×
  The court held that a personal service contract could exist between the plaintiff and the defendants, and that the trustees had the authority to enter into such a contract on behalf of the Association. However, the Trust itself could not be sued as an entity, only through its tru
• Dantzler v. Dictograph Prods., Inc.
  309 F.2d 326· 4th Cir.· 1962-09-24 ·cited 8×
  The court held that while discriminatory acts can lead to recoverable damages even if realized after the discriminatory period, the admission of hearsay evidence and speculative damages not proven to be caused by the unlawful conduct constituted reversible error.
• Howard Indus., Inc. v. RAE Motor Corp.
  293 F.2d 116· 7th Cir.· 1961-06-27 ·cited 8×
  The court held that the Master's findings of damages were not clearly erroneous, allowing for a reasonable estimate of damages even when exact calculation is difficult.
• MOE Light, Inc. v. Foreman
  238 F.2d 817· 6th Cir.· 1956-12-21 ·cited 8×·via Speculation And Conjecture In Damages
  The court held that expert medical testimony regarding future loss of earning ability is admissible, even if it involves future probabilities, and that the jury's verdict was not excessive.
• Murarka v. Bachrack Bros., Inc.
  215 F.2d 547· 2d Cir.· 1954-08-03 ·cited 8×
  The court held that the plaintiffs' loss of profits on resale constituted general damages recoverable under New York law when there was no available market for the goods, and the defendant's resale price could not be used to calculate damages. The court also affirmed the lower co
• Fireside Marshmallow Co. v. Frank Quinlan Const. Co.
  213 F.2d 16· 8th Cir.· 1954-06-02 ·cited 8×
  The court held that expected profits are too speculative to recover unless proven with reasonable certainty by actual facts, and affirmed the judgment because the plaintiff failed to meet this standard.
• Burks v. Sinclair Ref. Co.
  183 F.2d 239· 3d Cir.· 1950-07-27 ·cited 8×
  The court held that while a contract existed, the evidence presented was insufficient to allow the jury to properly determine the net profits and thus the damages suffered by the plaintiff.
• Guido v. Hudson Transit Lines, Inc.
  178 F.2d 740· 3d Cir.· 1950-01-05 ·cited 8×
  The court held that damages for negligent destruction of a chattel can include lost profits if proven with certainty, not just the market value of the chattel.
• Trouser Corp. of Am. v. Goodman & Theise, Inc.
  153 F.2d 284· 3d Cir.· 1946-01-22 ·cited 8×
  The court held that the defendant waived their objection to the admissibility of an agent's statement by later introducing similar evidence, and that claims for 'disruption of production' were too speculative to be recoverable damages.
• Polar S.S. Corp. v. Inland Overseas S.S. Corp.
  136 F.2d 835· 4th Cir.· 1943-06-07 ·cited 8×
  The court held that Polar breached the bareboat charter party by refusing to deliver the vessel, and that damages for lost profits were recoverable to the extent they could be proven with reasonable certainty.
• Schwartz v. Eitel
  132 F.2d 760· 7th Cir.· 1943-01-19 ·cited 8×
  The court held that the trial court's exclusion of a plaintiff's statement was not reversible error, and that the damages awarded were excessive, requiring a remittitur or a new trial.
• Dyal v. Wimbish
  124 F.2d 464· 5th Cir.· 1941-12-30 ·cited 8×
  The court held that evidence of prior profits was admissible to calculate damages for breach of a lease contract, and that the lease was valid and supported by consideration.
• Rambarran v. Bank of Am., N.A.
  609 F. Supp. 2d 1253· S.D. Fla.· 2009-03-13 ·cited 7×
  Summary judgment is granted because the plaintiff failed to present sufficient evidence of damages resulting from the alleged FCRA violation, even if a violation occurred.
• Air Caledonie Int'l v. AAR Parts Trading, Inc.
  315 F. Supp. 2d 1319· S.D. Fla.· 2004-04-02 ·cited 7×
  The court held that the unserviceable conditions on the engine's T2 blade and combustion chamber existed prior to the lease, and therefore ACI was not liable for repairs or damages related to those pre-existing conditions.
• Sun Ins. Mktg. Network, Inc. v. AIG Life Ins.
  254 F. Supp. 2d 1239· M.D. Fla.· 2003-03-27 ·cited 7×
  The court held that the plaintiff's expert was not qualified to value the business and his opinion on lost profits was too speculative and not grounded in appropriate methodology or facts.
• Kessel Constr. Corp. & Aetna Ins. Co. v. Clark-Haney Dev. Team
  487 So. 2d 1123· Fla. 4th DCA· 1986-04-16 ·cited 7×
• E. S. I. Meats, Inc. v. Gulf Fla. Terminal Co. & Cont'l Ins. Co.
  639 F.2d 1348· 5th Cir.· 1981-03-20 ·cited 7×
  The court affirmed findings on causation and Borden's damages but remanded for recomputation of damages for E.S.I. and Crest, and affirmed the award of prejudgment interest.
• Shidiam Corp. v. M & D Research Corp.
  374 So. 2d 553· Fla. 4th DCA· 1979-08-01 ·cited 7×
  Shidiam Corporation appealed a directed verdict dismissing its breach of contract and fraud claims against M & D Research Corporation, and challenged damages awarded to M & D on its counterclaim for breach of contract. The court affirmed the dismissal of Shidiam's claims but reve
• Barger v. Hanson
  426 F.2d 640· 9th Cir.· 1970-05-01 ·cited 7×
  The court held that damages for loss of use of a fishing vessel are recoverable in admiralty in this specific case, despite the general rule against it for total losses.
• Archer-Daniels-Midland Co. v. Paull
  293 F.2d 389· 8th Cir.· 1961-08-04 ·cited 7×
  The court held that damages for lost profits were not recoverable for breach of a contract to finance a speculative business like turkey raising, as such profits were not contemplated with reasonable certainty by the parties.
• Tuschman v. The Pa. R.R. Co.
  230 F.2d 787· 3d Cir.· 1956-03-09 ·cited 7×
  The court held that the jury's verdict was sufficient to sustain the judgment, despite the speculative nature of the damages, and that the bill of lading's acknowledgement of apparent good order was prima facie evidence.
• Kristian Stensby v. Effjohn OY AB & Effjohn Int'l B.V.
  806 So. 2d 542· Fla. 3d DCA· 2001-12-12 ·cited 6×
  The court held that the plaintiff failed to prove the venture would have been consummated or would have succeeded, thus precluding recovery for breach of contract.
• Network Publ'ns, Inc. v. Bjorkman
  756 So. 2d 1028· Fla. 5th DCA· 2000-03-24 ·cited 6×
  Network Publications appeals a jury verdict finding it breached a right of first refusal agreement with the Bjorkmans regarding publication territory. The court affirms liability but reverses the damages award, requiring a new trial because the trial court issued an erroneous cur
• Wolff & Munier, Inc. v. The Whiting-Turner Contracting Co.
  946 F.2d 1003· 2d Cir.· 1991-10-15 ·cited 6×·via Speculation And Conjecture In Damages
  The court held that while both parties breached the subcontract, the district court erred in its calculation of damages for both parties, requiring a remand for recalculation under New York law.
• Masinter v. Tenneco OIL Co.
  929 F.2d 191· 5th Cir.· 1991-04-22 ·cited 6×
  The court held that the district court did not err in crediting the defendant's economist's future lost wage calculations, but modified the judgment to allow interest on past damages from the date of the first judgment.
• Int'l ART Galleries, Inc. v. Kinder-Harris, Inc.
  907 F.2d 864· 8th Cir.· 1990-07-12 ·cited 6×
  The court held that the evidence of damages was sufficient to go to the jury and that the district court did not abuse its discretion in reducing the jury's award.
• Rainbow Travel Serv., Inc. v. Hilton Hotels Corp. & Hotelerama Assocs., Ltd.
  896 F.2d 1233· 10th Cir.· 1990-02-16 ·cited 6×
  The court affirmed the district court's judgment regarding personal jurisdiction and fraud, but reversed the award for breach of contract, finding it unsupported by evidence and constituting a double recovery.
• Nat'l Controls Corp. v. Nat'l Semiconductor Corp.
  833 F.2d 491· 3d Cir.· 1987-11-23 ·cited 6×
  The court held that the plaintiff failed to prove that the defendant's breaches were the proximate cause of its alleged lost profits or that its claims for losses on existing contracts or expenses were sustainable.
• Enter. Ref. Co. v. Sector Ref., Inc.
  781 F.2d 1116· 5th Cir.· 1986-02-03 ·cited 6×
  The court held that the jury's damage award was not supported by the record and ordered a new trial on damages unless the plaintiff accepted a remittitur to the maximum amount supported by the evidence.
• In re Wheat Rail Freight Rate Antitrust Litig. Appeals of Little Crow Milling Co., Inc.
  759 F.2d 1305· 7th Cir.· 1985-04-17 ·cited 6×
  The court held that railroads are impliedly immune from antitrust liability for fixing freight rates approved by the ICC, even if procedural requirements were not followed, because the shippers' damages are speculative and an adequate administrative remedy exists.
• Lasker v. Bear
  757 F.2d 15· 2d Cir.· 1985-03-01 ·cited 6×
  The court affirmed the district court's refusal to award lost tax benefits as damages, finding the claim speculative and unsupported by evidence of potential gains in an unrigged market.
• Henke Enters., Inc. v. Hy-Vee Food Stores, Inc.
  749 F.2d 488· 8th Cir.· 1984-12-02 ·cited 6×
  A party must suffer an antitrust-type injury, directly related to the market restraint, to have standing to bring a private antitrust action.