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

• Barrows v. Forest Labs., Inc.
  742 F.2d 54· 2d Cir.· 1984-08-06 ·cited 6×
  The court affirmed the dismissal, holding that the district court did not abuse its discretion in denying leave to amend the complaint, as the proposed claims were speculative, sought a windfall, and would unduly prejudice the defendants.
• Taco Nacho, Inc. v. Hasty House Rests., Inc.
  436 So. 2d 403· Fla. 1st DCA· 1983-08-19 ·cited 6×
  Taco Nacho appeals from a judgment awarding damages for its failure to pay a promissory note to Hasty House Restaurants, and cross-appeals the damages awarded on its counterclaim for breach of a sublease agreement. The court affirms the judgment on the note but reverses and reman
• Lexington Prods. Ltd. v. B. D. Commc'ns, Inc.
  677 F.2d 251· 2d Cir.· 1982-04-23 ·cited 6×
  The court held that the trial court erred in awarding only nominal damages when the record provided sufficient evidence to calculate substantial damages with reasonable certainty.
• In re Mun. Bond Reporting Antitrust Litig. John H. Degolyer Co., Inc. v. Standard & Poor's Corp.
  672 F.2d 433· 5th Cir.· 1982-04-05 ·cited 6×
  The plaintiffs lack standing to sue under section 4 of the Clayton Act because their alleged injuries are speculative and they were not the target of the antitrust conspiracy.
• Koninklijke Luchtvaart Maatschaapij v. (K.L.M. Royal Dutch Airlines)
  610 F.2d 1052· 2d Cir.· 1979-12-04 ·cited 6×
  A commercial airline can recover damages for loss of use of a leased aircraft based on the actual rental payments made, without proving actual financial loss or the need for a substitute aircraft.
• Midland Valley Plaza, Inc. v. Ga. R.R. Bank & Tr. Co.
  542 F.2d 945· 5th Cir.· 1976-11-22 ·cited 6×
  The court held that the plaintiff failed to prove damages with reasonable certainty and that the district court erred in not granting a directed verdict for the defendant.
• Outboard Marine Corp. v. Liberty Mut. Ins. Co.
  536 F.2d 730· 7th Cir.· 1976-06-07 ·cited 6×
  The court held that claims for attorney malpractice and bad faith against an insurer accrue when the client sustains substantial monetary injury, such as paying attorney fees or posting an appeal bond, even if all damages are not yet ascertainable. Claims against an excess insure
• Merrill Karlen v. Butler Mfg. Co.
  526 F.2d 1373· 8th Cir.· 1975-12-11 ·cited 6×
  The court held that the trial court erred in instructing the jury as a matter of law that Cook Implement was Butler's agent, as the evidence regarding agency was conflicting and presented a question of fact for the jury. The court also found the foundation for consequential damag
• Moore v. Betit
  511 F.2d 1004· 2d Cir.· 1975-02-10 ·cited 6×
  The court held that the lower court erred in dismissing for lack of jurisdiction based on speculative damages, and that the case should be remanded for further consideration of the amount in controversy, particularly regarding the 'trust fund' theory.
• Burton v. Hitachi Am., Ltd.
  504 F.2d 721· 7th Cir.· 1974-10-18 ·cited 6×
  The court held that damages for loss of profits were too speculative, but affirmed damages for actual outlays and punitive damages for tortious interference and conspiracy.
• Shearon v. Boise Cascade Corp.
  478 F.2d 1111· 8th Cir.· 1973-05-18 ·cited 6×
  The court held that an oral exclusive distributorship agreement, even if performance could extend beyond one year, is not barred by the statute of frauds if performance within one year is possible. The court also found sufficient consideration and evidence of damages, but remande
• United States v. Mattox
  375 F.2d 461· 4th Cir.· 1967-03-08 ·cited 6×
  A landowner is not entitled to severance damages for a diminished value of remaining property if that diminution is speculative and occurred before the landowner purchased the property, especially when the purchase occurred after a government project that rendered the contemplate
• Riley v. Gen. Mills, Inc.
  346 F.2d 68· 3d Cir.· 1965-05-05 ·cited 6×
  The court held that the trial court erred in its jury instructions regarding the failure of a condition, and that the award for out-of-pocket expenses was inappropriate.
• Robie v. Ofgant
  306 F.2d 656· 1st Cir.· 1962-07-12 ·cited 6×
  The court held that the trial court erred in admitting all damage evidence without proper instruction, necessitating a new trial on damages.
• NEW Park Mining Co. v. United Steelworkers OF Am. (AFL-CIO)
  288 F.2d 225· 10th Cir.· 1961-03-10 ·cited 6×
  The court held that the company breached its labor contract by retaining control over mining operations through a leasing arrangement with former employees, despite a purported cessation of business.
• Coral-Glade Co. v. Bd. OF Pub. Instruction OF Dade Cnty.
  122 So. 2d 587· Fla. 3d DCA· 1960-07-21 ·cited 6×
  The court held that evidence of potential future development and associated costs, which were speculative, was properly excluded in an eminent domain proceeding.
• Ingolf H. E. Otto v. Imperial Cas. & Indem. Co.
  277 F.2d 889· 8th Cir.· 1960-05-11 ·cited 6×
  The court held that punitive damages are not recoverable for a mere breach of contract, and that the plaintiff failed to prove damages for interference with business where the contract allowed termination at will and the sub-agent owned the expirations.
• Lanzalotti v. Cohen
  113 So. 2d 727· Fla. 3d DCA· 1959-07-02 ·cited 6×
  In this breach of contract case, Cohen sought damages for Lanzalotti's failure to deliver a sublease and obtain subordination of the fee owner's interest to institutional financing. The appellate court affirmed liability but reversed and remanded for a new trial on damages becaus
• Calvert Distillers Co. v. Wish
  259 F.2d 323· 7th Cir.· 1958-09-08 ·cited 6×
• United States v. Scrinopskie
  179 F.2d 959· 5th Cir.· 1950-02-06 ·cited 6×·via Speculation And Conjecture In Damages
  The court held that the evidence presented was insufficient to support the damages awarded, as it relied on speculation and conjecture rather than clear and convincing proof of specific loss.
• Peoples Mortg. Corp. v. Bedrosian
  154 F.2d 332· D.C. Cir.· 1946-04-08 ·cited 6×
  The court held that there was no proper proof of damages and no basis for submitting the case to the jury against the individual defendants or the corporate defendant.
• Paramount Prods., Inc. v. Smith
  91 F.2d 863· 9th Cir.· 1937-07-26 ·cited 6×
  The court held that there was no substantial evidence to support the jury's verdict that the film play was based upon the plaintiff's story, and therefore, the plaintiff was not entitled to screen credit under the contract. Furthermore, even if a breach of contract were proven, t
• B. L. E. Realty Corp. v. Parker
  102 Fla. 298· Fla.· 1931-06-30 ·cited 6×
  B.L.E. Realty Corporation sued J.W. Parker for breach of a bilateral truck gardening contract, claiming four separate breaches resulting in damages. The Florida Supreme Court reversed the jury verdict of $2,500 and subsequent judgment of $1,500, finding the evidence of damages to
• Hocker v. W. Union Tel. Co.
  45 Fla. 363· Fla.· 1903-01-01 ·cited 6×
  William Hocker sued Western Union Telegraph Company for negligence in delivering telegraphic messages out of order, causing him to lose money on a cotton futures contract when his brokers acted on the wrong instruction. The Florida Supreme Court reversed the trial court's dismiss
• Auto Club Ins. Co. OF Fla. v. Babin
  204 So. 3d 561· Fla. 5th DCA· 2016-11-18 ·cited 5×
  Auto Club Insurance appeals a jury verdict awarding Babin underinsured motorist damages for injuries from a car accident, challenging awards for future low-back surgery, past lost wages, and lost earning capacity from a planned scuba-diving business. The court reverses the awards
• A.R. Holland, Inc. v. Wendco Corp.
  884 So. 2d 1006· Fla. 1st DCA· 2004-10-01 ·cited 5×
  A.R. Holland, a Burger King franchisee, sued to enforce a non-compete covenant restricting the defendant from selling or leasing nearby property for competing fast food restaurants within 1,500 feet for 20 years. Although the appellate court found Holland proved breach of the cov
• Reiner v. Fam. Ford, Inc.
  146 F. Supp. 2d 1279· M.D. Fla.· 2001-05-15 ·cited 5×
  The court held that reinstatement was inappropriate due to animosity, and while the plaintiff failed to mitigate damages by voluntarily quitting comparable employment, this failure limits, rather than bars, front pay. However, front pay is only warranted in egregious circumstance
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×
  On appeal, the court reversed and remanded a trial court judgment awarding substantial delay damages ($12.5 million to T/F Systems and $419,000 to Malt) against appellants Fu Sheng, Southeast Capital, and PDC for violating an injunction during a pending appeal. The court found th
• Servpro Indus., Inc. v. Spohn
  638 So. 2d 1001· Fla. 4th DCA· 1994-06-15 ·cited 5×
  The court held that the trial court erred in granting a directed verdict for the franchisees on the non-compete provision and the royalty damages, as the statute does not require trademark use for a violation and sufficient evidence of damages existed.
• Rey v. Guy Gannett Publ'g Co.
  766 F. Supp. 1142· S.D. Fla.· 1991-06-06 ·cited 5×
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.
• Bev. Canners, Inc. v. Cott Corp.
  372 So. 2d 954· Fla. 3d DCA· 1979-06-19 ·cited 5×
  The court held that nominal damages were properly awarded when a breach of contract was established but the proof of lost profits was too speculative and conjectural to establish substantial damages.
• Roma McKinney Justice v. Pennzoil Co.
  598 F.2d 1339· 4th Cir.· 1979-05-21 ·cited 5×
  In diversity cases applying West Virginia law, the determination of whether a mineral lessee's surface use is unreasonable is a question of law for the judge, not the jury, as it is bound up with substantive property rights.
• Benerofe v. State Rd. Dep't of Fla.
  210 So. 2d 28· Fla. 1st DCA· 1968-05-07 ·cited 5×
  In a condemnation action, the court upheld the trial court's ruling that a property owner could not introduce evidence of severance damages for loss of access where no limited access highway was being constructed and no actual taking of ingress or egress rights had occurred or wa
• Gastaldi v. Sunvest Resort Cmtys., LC
  709 F. Supp. 2d 1299· S.D. Fla.· 2010-03-04 ·cited 4×
  The court held that the expert's damages model was inadmissible because it failed to account for market decline and lacked a reliable methodology, potentially creating a windfall for the plaintiffs.
• Sihle Ins. Grp., Inc. v. Right WAY Hauling, Inc.
  845 So. 2d 998· Fla. 5th DCA· 2003-05-23 ·cited 4×
  SIHLE Insurance Group appeals a jury verdict awarding Right Way Hauling $256,000 in lost profits damages after SIHLE failed to procure insurance coverage for Right Way's power screen, which was destroyed in a fire. The court affirmed the expert witness's qualification to testify
• ALL Child's. Hosp., Inc. v. Augusta H. Owens
  754 So. 2d 802· Fla. 2d DCA· 2000-03-29 ·cited 4×
  Charitable organizations that are residual beneficiaries under a deceased's will sued the caretaker for tortious interference with an expectancy and constructive trust, claiming she improperly received inter vivos transfers and a specific bequest that reduced their inheritance. T
• City Nat'l Bank OF Fla. v. Dade Cnty.
  715 So. 2d 350· Fla. 3d DCA· 1998-08-12 ·cited 4×
  In an eminent domain case, a landowner appealed the trial court's exclusion of a conceptual site plan as evidence to support severance damages claims when the county condemned a small triangular portion of the owner's property. The court affirmed, holding that unapproved conceptu
• Garay v. State
  708 So. 2d 631· Fla. 5th DCA· 1998-03-20 ·cited 4×
  The appellate court reversed a restitution order for lost income, finding that the lost income was too speculative and not directly caused by the defendant's offense under the applicable restitution statute.
• Price v. Marshall Erdman & Assocs.
  966 F.2d 320· 7th Cir.· 1992-07-08 ·cited 4×
  The court held that while the jury's finding of age discrimination and willfulness was supported by evidence, the front pay award was speculative and based on a flawed methodology, requiring remand for recalculation. Attorneys' fees were affirmed in part and reversed in part.
• Arcor, Inc. v. Textron, Inc.
  960 F.2d 710· 7th Cir.· 1992-04-06 ·cited 4×
  The court held that the district court did not err in denying defendants' motions and that the jury's verdict was supported by the evidence, affirming the judgment.
• Migerobe, Inc. v. Certina USA, Inc.
  924 F.2d 1330· 5th Cir.· 1991-03-01 ·cited 4×
  The court held that sufficient evidence supported the jury's findings of breach of contract, actual or apparent authority of the salesman, and the award of consequential damages for lost corollary sales.
• Elec. Switching Indus., Inc. v. Faradyne Elecs. Corp.
  833 F.2d 418· 2d Cir.· 1987-11-13 ·cited 4×
  The court held that Gayshen was liable for the balance due on the purchase contract, and that plaintiff's damages under the service contract were too speculative due to plaintiff's own breach of the traffic engineering clause.
• Keeler v. Richards Mfg. Co., Inc.
  817 F.2d 1197· 5th Cir.· 1987-06-01 ·cited 4×
  The court held that there was sufficient evidence to support the jury's finding of defective manufacture, but erred in submitting the issue of disfigurement damages to the jury due to a lack of evidence, and that the award for future medical expenses was speculative.
• Noor v. Cont'l Cas. Co.
  508 So. 2d 363· Fla. 2d DCA· 1987-02-13 ·cited 4×
  The court held that a plaintiff cannot recover for medical malpractice based on a speculative decrease in life expectancy caused by a delayed diagnosis when the underlying condition itself would have shortened life expectancy regardless of the delay.
• Sampson v. Eaton Corp.
  809 F.2d 156· 1st Cir.· 1987-01-16 ·cited 4×
  The court held that the jury could reasonably find that the plaintiff broker was entitled to damages for the lost opportunity to earn a fee, even if the agreement was oral and the broker was not the efficient cause of the sale.
• Sch. Dist. NO. 11 v. Sverdrup & Parcel & Assocs., Inc.
  797 F.2d 651· 8th Cir.· 1986-07-24 ·cited 4×
  The court held that the jury verdict was supported by evidence, but the judgment should be reduced to reflect a settlement with a co-defendant.
• Cincinnati Fluid Power, Inc. v. Rexnord, Inc.
  773 F.2d 92· 6th Cir.· 1985-09-19 ·cited 4×
  The court held that the trial court erred by refusing to give a jury instruction on the defendant's conditional promise defense, and by admitting hearsay testimony to calculate damages.
• Whitley v. Phil-Nick's, Inc.
  451 So. 2d 925· Fla. 1st DCA· 1984-06-01 ·cited 4×
  A plaintiff's good faith claim for damages, even if speculative, is sufficient to establish subject matter jurisdiction, and the trial court cannot dismiss based on its own estimate of recoverable damages.
• Fort Lauderdale Transfer & Rigging, Inc. v. Callahan Motor Co., Inc.
  446 So. 2d 138· Fla. 4th DCA· 1983-09-21 ·cited 4×
  The court held that the appellee failed to adequately prove damages for the total loss of the machine and for lost profits, requiring reversal of those claims.
• Carlson Equip. Co. v. Int'l Harvester Co.
  710 F.2d 481· 8th Cir.· 1983-06-30 ·cited 4×
  The court held that the jury instructions regarding the definition of 'cause' for termination were proper and that corporate shareowners could testify to the value of the business. The court also found the damages proof adequate.