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

• Haynes v. Miller
  669 F.2d 1125· 6th Cir.· 1982-02-05 ·cited 4×
  The court held that the magistrate's award of speculative damages and inference of discrimination were erroneous and not supported by substantial evidence.
• Colortronic Reinhard & Co. v. Plastic Controls, Inc.
  668 F.2d 1· 1st Cir.· 1981-12-04 ·cited 4×
  The court affirmed the district court's finding that the Tschritter patent was invalid for obviousness, but reversed the award of attorney fees related to that patent, remanding for recalculation.
• Knabe v. Nat'l Supply Div. OF Armco Steel Corp.
  592 F.2d 841· 5th Cir.· 1979-04-05 ·cited 4×
  The court held that there was sufficient evidence to support the jury's award of exemplary damages for pollution, and that the compensatory damages awarded were not speculative or duplicative.
• Moises Eshkenazi and Jose Eshkenazi v. LAS Fabricas, Inc.
  360 So. 2d 430· Fla. 3d DCA· 1978-06-06 ·cited 4×
  Eshkenazi sought to enforce a lease for commercial space against Las Fabricas, which held a competing lease with a renewal option. Las Fabricas counterclaimed for tortious interference with business relationships, alleging Eshkenazi informed suppliers that Las Fabricas would ceas
• Colonial Ford, Inc. v. Ford Motor Co.
  577 F.2d 106· 10th Cir.· 1978-05-31 ·cited 4×
  The court held that the Automobile Dealer Franchise Act's "under control" provision presented a jury question regarding Ford Credit's liability, and that damages from continuing conduct under the Act could accrue within the limitation period, applying the Zenith Radio Corp. doctr
• Ochoa v. Lopez
  358 So. 2d 1173· Fla. 3d DCA· 1978-05-23 ·cited 4×
  An appellate court affirmed a jury verdict awarding damages for personal injury in an automobile accident case but reversed a directed verdict on personal injury protection (PIP) benefits. The key issue was whether the plaintiff's North Carolina-registered vehicle was required to
• Schein v. Chasen
  519 F.2d 453· 2d Cir.· 1975-05-02 ·cited 4×
  A shareholder's derivative suit requires an allegation of corporate damage and more than speculative damages.
• Continental-Wirt Elecs. Corp. v. Lancaster Glass Corp. & Corning Glass Works
  459 F.2d 768· 3d Cir.· 1972-04-12 ·cited 4×
  The court held that the statute of limitations for antitrust actions may allow recovery for damages that were speculative at the time of the overt act, if those damages become ascertainable within four years of the filing of the complaint.
• Itvenus, Inc. v. Poultry, Inc.
  258 So. 2d 478· Fla. 3d DCA· 1972-02-29 ·cited 4×
  Itvenus appealed a judgment awarding damages to Udell for breach of a contract to sell a cold storage facility with a blast freezer. The court held that parol evidence was properly admitted to clarify ambiguous contract terms, that Udell was not estopped from recovery, and that t
• Kirsten Maxworthy v. Horn Elec. Serv., Inc.
  452 F.2d 1141· 4th Cir.· 1972-01-05 ·cited 4×
  The court affirmed the district court's judgments, finding no merit in the defendants' claims of error regarding evidentiary rulings, jury instructions, and the excessiveness of the verdicts.
• BIG Rock Mountain Corp. v. Stearns-Roger Corp.
  388 F.2d 165· 8th Cir.· 1968-01-19 ·cited 4×
  The court held that the trial court properly refused to allow damages based on the "before and after" value of the realty because the damage was temporary and reparable, and the plaintiff refused to offer evidence on the proper measure of damages (cost of restoration plus loss of
• HI HAT Elkhorn Coal Co. v. Inland Steel Co.
  370 F.2d 117· 6th Cir.· 1966-12-21 ·cited 4×
  The court held that the trial court did not err in directing a verdict for the defendant because the plaintiff's proof of damages was too speculative.
• United States v. Wake Payne and Delight Payne
  368 F.2d 74· 4th Cir.· 1966-10-19 ·cited 4×
  The court held that the commission's findings regarding damages for a flowage easement were not clearly erroneous and were properly accepted by the district court.
• Equitable Fire & Marine Ins. Co. v. Tiernan Bldg. Corp.
  190 So. 2d 197· Fla. 4th DCA· 1966-09-28 ·cited 4×
  A performance bond surety appealed a judgment awarding damages for deficient construction work, claiming the owner discharged the surety's liability by making unauthorized modifications to the contract specifications without the surety's consent. The court held that while an owne
• Dade Cnty. v. Palmer & Baker Eng'rs, Inc.
  339 F.2d 208· 5th Cir.· 1964-12-08 ·cited 4×
  The court held that the award of damages based on the plaintiff's reasonable and necessary expenses incurred in good faith partial performance was proper, and the defendant failed to meet its burden of proving a net loss would have resulted from full performance.
• MacDonald v. Winfield Corp.
  191 F.2d 32· 3d Cir.· 1951-08-09 ·cited 4×
  The court held that the contract transferred the entire library equipment business to the new enterprise, and the defendant's actions constituted unfair competition and breach of contract.
• Lieberthal v. Glens Falls Indem. Co.
  174 F.2d 638· 7th Cir.· 1949-05-25 ·cited 4×
  The court held that the jury's award for loss of earnings and medical expenses was supported by sufficient evidence and that the medical testimony was competent to establish causation.
• Jacobson v. Coon
  165 F.2d 565· 6th Cir.· 1948-01-26 ·cited 4×
  The court held that a writ of garnishment may not be maintained when the claimed damages are purely speculative and not ascertainable under Michigan law.
• B & B Tree Serv., Inc. v. Tampa Crane & Body, Inc.
  111 So. 3d 976· Fla. 2d DCA· 2013-05-01 ·cited 3×
  B & B Tree Service appeals a breach of contract judgment against Tampa Crane for failing to timely install a hookloader system on B & B's truck, arguing the trial court erred in denying loss-of-use damages. The appellate court affirms, finding that while the trial court misapplie
• Gunster, Yoakley & Stewart, P.A. v. McADAM
  965 So. 2d 182· Fla. 4th DCA· 2007-08-22 ·cited 3×
  The appellate court affirmed the trial court's judgment, finding no reversible error in the jury's verdict or the trial court's rulings on summary judgment, jury instructions, and damages.
• Gonzalez v. Price
  783 So. 2d 301· Fla. 5th DCA· 2001-03-23 ·cited 3×
• Hipp v. Liberty Nat'l Life Ins.
  39 F. Supp. 2d 1359· M.D. Fla.· 1999-03-11 ·cited 3×
  The court held that plaintiffs' revised front pay reports were speculative and failed to comply with court orders, and that punitive damages under the Florida Civil Rights Act are capped at $100,000 by statute.
• H. Sand & Co., Inc. v. Airtemp Corp.
  934 F.2d 450· 2d Cir.· 1991-06-03 ·cited 3×
  The court held that a genuine issue of material fact exists regarding the date of tender of delivery for a chiller, precluding summary judgment based on the statute of limitations.
• Aiken Cnty. v. BSP Div. OF Envirotech Corp.
  866 F.2d 661· 4th Cir.· 1989-01-09 ·cited 3×
  The majority vacated rulings that added a party and awarded attorneys fees, thereby restoring diversity jurisdiction.
• Entre Computer Ctrs., Inc. v. FMG OF Kan. City, Inc.
  819 F.2d 1279· 4th Cir.· 1987-06-04 ·cited 3×
  The court held that the denial of a new trial on breach of contract claims was an abuse of discretion due to excessive damages awarded by the jury.
• Cohn v. Rosenfeld
  733 F.2d 625· 9th Cir.· 1984-04-25 ·cited 3×
  A Liechtenstein anstalt is considered a citizen or subject of Liechtenstein for diversity jurisdiction purposes under 28 U.S.C. § 1332(a)(2), and lost profits are recoverable damages for breach of contract if foreseeable.
• Publicker Indus., Inc. v. Roman Ceramics Corp.
  652 F.2d 340· 3d Cir.· 1981-06-26 ·cited 3×
  The court held that Publicker Industries, Inc. is directly liable under the contract for the sale of ceramic bells, and affirmed the district court's damage award with a slight modification for credits on outside sales.
• Perez v. Am. Mut. Liab. Ins. Co.
  288 So. 2d 541· Fla. 2d DCA· 1973-12-12 ·cited 3×
  A mother sued for damages resulting from her five-year-old son's death in a motor vehicle accident, claiming loss of the child's prospective estate. The jury awarded only funeral expenses ($1,520) with no damages for lost prospective earnings, and the appellate court reversed, ho
• Benham v. World Airways, Inc.
  432 F.2d 359· 9th Cir.· 1970-08-25 ·cited 3×
  The court held that the plaintiff's projections for lost future profits and wages were too speculative and lacked evidentiary support to be recoverable damages.
• Sw. Publ'g Co., Inc. v. Horsey
  230 F.2d 319· 9th Cir.· 1956-02-17 ·cited 3×
  The court held that the admission of Clark County election returns as evidence of loss of esteem was prejudicial error, requiring a new trial.
• Rudene, Inc. v. Racine
  132 Fla. 739· Fla.· 1938-06-13 ·cited 3×
  Rudene, Inc. sued Charles A. Racine for breach of a restrictive covenant requiring that no building on an adjoining lot have its northern wall closer than ten feet to the property line. The trial court awarded $2,000 in damages, but the Florida Supreme Court reversed and remanded
• Inspired Cap., LLC v. Howell
  387 So. 3d 348· Fla. 3d DCA· 2023-08-02 ·cited 2×
  The appellate court affirmed in part and reversed in part a trial court's summary judgment. While the trial court correctly found Inspired Capital's claims for lost profits, lost business value, and out-of-pocket damages to be unsupported by evidence, it erred in denying nominal
• Ocwen Loan Servicing, LLC v. Bishop
  337 So. 3d 64· Fla. 4th DCA· 2022-04-06 ·cited 2×
  The appellate court reversed a lower court's judgment in favor of a borrower, finding the trial court misinterpreted a mortgage provision regarding escrow waivers and improperly denied the lender leave to amend its answer. The case highlights the importance of correctly interpret
• Arnold v. Sec. Nat'l Ins. Co.
  174 So. 3d 1082· Fla. 4th DCA· 2015-09-16 ·cited 2×
  Jeffrey Arnold appealed a trial court order reducing jury awards for pain and suffering by $996,000 in an uninsured motorist insurance case. The appellate court reversed, holding that the trial court's remittitur order failed to provide adequate findings and explanations required
• Fla. Sunrise, Ltd. v. Tri-M Invs. OF S. Fla., Inc.
  942 So. 2d 421· Fla. 4th DCA· 2006-10-18 ·cited 2×
  Florida Sunrise, a landlord, appeals a jury verdict awarding its former tenant TRI-M Investments $735,000 on a counterclaim for breach of lease and related tort claims. The Fourth District Court of Appeal reverses in part, finding that portions of the damages award based on specu
• Miami-Dade Cnty. v. City Nat'l Bank OF Fla.
  761 So. 2d 368· Fla. 3d DCA· 2000-04-12 ·cited 2×
  The trial court erred in awarding attorneys' and expert witness fees that included costs incurred for a speculative severance damages claim that was ultimately excluded.
• Hipp v. Liberty Nat'l Life Ins.
  29 F. Supp. 2d 1314· M.D. Fla.· 1998-11-20 ·cited 2×
  The court held that liquidated damages under the ADEA preclude punitive damages under the Florida Civil Rights Act, and that while front pay is appropriate, the jury's advisory awards based on unreliable expert testimony must be recalculated.
• Colandrea v. Johansen
  632 So. 2d 284· Fla. 2d DCA· 1994-02-25 ·cited 2×
  Colandrea appeals a fraud and misrepresentation judgment arising from the sale of residential property. The court affirms liability but reverses and remands to reduce damages by $40,407.81, striking improper betterment and speculative future-cost awards.
• Bekins van Lines v. Denita Schaeffer
  630 So. 2d 633· Fla. 4th DCA· 1994-01-05 ·cited 2×
  The court held that the trial court erred in limiting and prematurely terminating the defendant's case and in admitting incompetent evidence on damages, requiring reversal and remand for a new trial.
• Bhupendra C. Patel v. Richard C. Gayes, M.D.
  984 F.2d 214· 7th Cir.· 1993-01-21 ·cited 2×
  The court held that the trial court did not abuse its discretion in excluding testimony from treating physicians not identified as experts, in refusing certain jury instructions, in limiting expert testimony due to discovery violations, or in excluding speculative damage evidence
• Fiberlok, Inc. v. LMS Enters., Inc.
  976 F.2d 958· 5th Cir.· 1992-11-10 ·cited 2×
  The court held that the district court did not err in calculating lost profits for an established business and properly applied the UCC § 2.708(b) measure of damages when the buyer's breach caused the seller's inability to mitigate.
• James Carmel for the Bankruptcy Estate of Emil Stavriotis and Judith Stavriotis v. Clapp & Eisenberg, P.C.
  960 F.2d 698· 7th Cir.· 1992-04-06 ·cited 2×
  The court affirmed the judgment for the appellees, holding that there was a reasonable basis in the record for the jury's verdict and that the defense counsel's remark in closing argument did not constitute reversible error due to the appellant's failure to object.
• Bodie-Rickett & Assocs. v. Mars
  957 F.2d 287· 6th Cir.· 1992-02-28 ·cited 2×
  The court held that Bodie-Rickett lacked antitrust standing because its injury was indirect and incidental to Mars' alleged antitrust violations, but reversed the dismissal of state-law fraud and misrepresentation claims, finding they were independently proper under diversity jur
• Coal Res., Inc. v. Gulf & W. Indus., Inc.
  954 F.2d 1263· 6th Cir.· 1992-01-29 ·cited 2×
  The court held that while most of the expert testimony was admissible under the law of the case doctrine due to changed circumstances, the expert was not qualified to testify on the cost of a coal preparation plant, warranting a remittitur.
• Yellow Pages Cost Consultants, Inc. v. GTE Directories Corp.
  951 F.2d 1158· 9th Cir.· 1991-12-24 ·cited 2×
  The court held that the consultants suffered antitrust injury and had standing to sue GTE, as they competed in the market for yellow pages advertising consulting services.
• Sheldon v. Munford
  950 F.2d 403· 7th Cir.· 1991-12-05 ·cited 2×
  The court held that an erroneous jury instruction on the standard for termination, while not prejudicial on its own, combined with the failure to account for a significant future expense (increased rent), rendered the damages award unsustainable, requiring a new trial or remittit
• V.N. Meekins v. United Transp. Union
  946 F.2d 1054· 4th Cir.· 1991-10-11 ·cited 2×
  The court held that the current action is barred by res judicata because the damages sought could have been litigated in a prior action.
• Broan Mfg. Co., Inc. v. Associated Distribs., Inc.
  923 F.2d 1232· 6th Cir.· 1991-01-23 ·cited 2×
  The court held that the district court erred in excluding evidence of lost future profits, but correctly allowed damages for future mistaken product liability claims. The case is remanded for a new trial on damages.
• City OF Riviera Beach v. Bjorklund
  563 So. 2d 1114· Fla. 4th DCA· 1990-07-05 ·cited 2×
  The City of Riviera Beach appeals a jury verdict finding it breached its contract with former employee Marion Bjorklund by failing to treat her disability as service-connected. The court affirms the liability finding but reverses the damages award as excessive and speculative, re
• Douglass v. DELTA AIR Lines, Inc.
  897 F.2d 1336· 5th Cir.· 1990-04-09 ·cited 2×
  The court held that the trial court erred in calculating lost inheritance by failing to account for the beneficiaries' ability to earn a return on assets, and that the awards for loss of society and companionship for the minor children were excessive under Texas law.